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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...
21 January 2016
How high has the bar been raised? The Australian Patent Office issues its first opposition decision on a post ‘Raising the Bar’ patent application
In the first opposition decision of the Australian Patent Office to apply the post-‘Raising the Bar’ disclosure and support requirements, the hearing officer applied principles derived from UK and European case law to find that the opposed application did not meet the new requirements.
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06 December 2019
Corporate Crime update, December 2019
Welcome to the December 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, please click read more on...
04 December 2019
Online harmful content: the race to regulate
The decentralised, global internet has democratised many facets of everyday life, and consequently has allowed everyday citizens, extremists and everyone in between to share their views. The consequential proliferation of online harmful content meant some form of regulation was inevitable. However...
04 December 2019
Tech Regulation Series: The End of Permissionless Innovation?
The tech regulatory landscape is changing rapidly. It is complex and fragmented, both globally and by subject matter, making it difficult for technology providers to navigate. Almost weekly there are new headlines warning of risks and perils of ‘big tech’ and misuse of data. Now, more than ever, it...
02 December 2019
THE ANTI-BRIBERY AND ANTI-CORRUPTION REVIEW - THE 8TH EDITION: RUSSIA CHAPTER
The article highlights recent trends and summarises key developments of the anti-bribery and anti-corruption landscape in Russia. As a member of leading international organisations and conventions on countering corruption Russia makes efforts to implement international best practice. The country is...
29 November 2019
ASX Listing Rule Amendments – Implications for Head Office
The ASX recently released a significant suite of revisions to the ASX Listing Rules and new and updated Guidance Notes. We have highlighted below some of the key changes relevant to companies from a corporate governance, executive remuneration and market disclosure perspective.
29 November 2019
Considerations for bidders who dispose of target shares during a scheme
The application by ASIC to the Takeovers Panel in the recent Australian Unity Office Fund ( AOF ) trust scheme is a reminder that there are a number of important considerations that a bidder should keep front of mind if proposing to dispose of a pre-scheme stake during a scheme of arrangement.
28 November 2019
Contingency fees set to be introduced for Victorian class actions
On 27 November 2019 the Victorian Government tabled in Parliament the Justice Legislation Miscellaneous Amendments Bill 2019 (Vic) which introduces a new power to permit contingency fees to be ordered in Victorian class actions. If passed, the new law will permit plaintiff law firms to receive a...
28 November 2019
PUBLIC TO PRIVATE: THE RETURN OF THE PRIVATE EQUITY BIDDER
2019 has seen a significant rise in the number of private equity (PE) and other financial buyers on public mergers and acquisitions (M&A). When a PE house undertakes a public M&A transaction, it should be aware from the outset that there are some key differences to private M&A, and that...
25 November 2019
Climate Change: A significant trigger of workforce activism
The biggest climate protest in history took place alongside this year's United Nations Climate Summit. Millions of people, young and old, from some 185 countries, united in protest to demand urgent action to cut emissions and stabilise the climate. The youth movement started by Greta Thunberg...
25 November 2019
Scanning the scanners – what employers need to know about the Australian privacy act and Europe's GDPR
As technology evolves with unprecedented speed, the law can struggle to keep pace. Nowhere is this more apparent than in the area of employment relations and specifically the topic of employee monitoring, where companies and organisations are discovering the truth of the old adage: just because you...
25 November 2019
The world of work: Real Estate perspective
The world of work is undergoing a transformation on a scale not seen since the Industrial Revolution. Automation and digital technology are changing how, when and where we work, and in what roles. Flexible and remote working has mushroomed, with clear implications for organisations' workspace...
