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30 January 2020
Brexit & IP – status quo for the transition period; changes to come post-transition
From 23.00 on 31 January 2020, the UK will no longer a member state of the EU, although it will be treated as such for the duration of the transition period. From an IP point of view, the status quo will be maintained during the transition period (currently until the end of December 2020). Here we...
12 September 2019
ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act...
04 April 2019
Regulating the barrel to stop the bad apples
Franchisors and investors in them are the subject of criticism in the latest Australian Parliamentary Joint Committee on Corporations and Financial Services ‘Fairness in Franchising’ report, and should expect some serious changes to the Australian Franchising Code of Conduct.
06 December 2018
Cadbury's colour purple trade mark can't be split
Clarity and precision in a trade mark description are the winners in the Court of Appeal Cadbury's attempt to argue its trade mark registration for the colour purple was actually a series mark which could be split and partially maintained was rejected yesterday by the Court of Appeal. Although...
15 November 2018
Draft Withdrawal Agreement Approved by UK Cabinet – IP and Marketing Authorisation Provisions Summarised
As has been widely reported, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Draft Withdrawal Agreement ), detailing the arrangements for the UK to leave the EU was agreed by the...
26 September 2018
Brexit “no deal” technical notices published on intellectual property and life sciences sector issues
The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The...
13 June 2018
UKSC judgment in Cartier – who pays for website blocking orders?
In a blow for rights-holders, the UK Supreme Court (UKSC) has today decided that ISPs should not bear the implementation costs for website blocking orders in Cartier International AG and others v British Telecommunications Plc and another [2018] UKSC 28 . Whilst the UKSC has endorsed the...
08 September 2017
“Like brands. Only cheaper” – Aldi gets up on copying but falls on natural claim
On Tuesday this week the Federal Court of Australia ( Court ) published its judgment in the long running battle between Moroccanoil Israel Ltd and Aldi Foods: Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823 . Aldi’s conduct was found to be misleading and deceptive in relation to claims...
05 January 2017
Brexit – what IP issues to consider now
We set out our thoughts and predictions upon how protection and enforcement of IP in the UK may be impacted once Brexit arrives. We have also suggested some immediate action points for consideration in the weeks or months to come, prior to Brexit, to ensure that your business is best protected...
18 July 2016
Full Federal Court confirms limitation of trade mark rights with respect to repackaging of goods by third parties
The decision of the Full Federal Court in Scandinavian Tobacco Group v Trojan Trading Company, 1 clarifies that trade mark rights cannot be relied upon to prevent parallel importers from reusing a trade mark, if at any time previously the trade mark was applied to the goods with the consent of the...
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17 February 2022
Swedish Arbitration Days 2022
The Swedish Arbitration Association are hosting the Swedish Arbitration Days 2022, on the overarching theme Integrity in International Arbitration. Our Global Head of Arbitration, Paula Hodges QC will join a panel of globally prominent legal practitioners to discuss " Transparency v...
03 December 2021
Directors, Insolvency Practitioners and Third Parties Must Tread Carefully as New Pensions Offences Lie in Wait for the Unwary
The Pension Schemes Act came into effect on 1 October 2021 introducing the possibility of criminal prosecution where the restructuring arrangements or corporate actions of directors, lenders, investors, advisers and other parties might affect the interests of a defined benefit pension scheme. The...
03 December 2021
Expansion to Australia’s sanctions regime passed by Parliament
On 2 December 2021 the Australian Parliament passed the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill 2021 ( Bill ) introducing a new thematic sanctions regime to the Autonomous Sanctions Act 2011 ( Act ) and Autonomous Sanctions Regulations 2011 ( Regulations ).