06 December 2022
Red card or fair play? Ambush marketing back in the news as FIFA World Cup kicks off
Ambush marketing can be an impactful, but legally risky, advertising strategy. Businesses that are the subject of, or otherwise engaging in, ambush marketing should consider potential infringement of the target brand’s intellectual property rights.
24 August 2022
High Court gamble does not pay out for computer-implemented inventions in Australia
The High Court of Australia has delivered an equal-split judgment on the question of patentability of computer-implemented inventions. As a result, an appeal from a decision of the Full Court of the Federal Court of Australia, 1 which found that Aristocrat’s patent claims to electronic gaming...
03 March 2020
A General Safety Provision - are we there yet??
It is looking increasingly likely that a ‘General Safety Provision’ for consumer products will be introduced into legislation in the near future. This idea has been simmering for some time and the Commonwealth Treasury has recently received public submissions on whether such a legislative provision...
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...
01 August 2018
Indonesia’s foreign investment regime liberalised by new OSS system
In its efforts to encourage and accelerate investment, the Indonesian government has issued a set of regulations reforming existing business licence regulations and establishing an online one-stop business licensing system known as Online Single Submission (“ OSS ”). We believe this represents a...
14 February 2018
The UK's access to the EU's preferential trade arrangements
The position of the UK under the EU's preferential trade agreements following Brexit is likely to become a major complicating factor in the negotiations. UK-based companies that rely on such agreements should be warned of the potential difficulties that may arise. The EU has approximately 60...
12 February 2018
Syndicated facilities institute obtains legislative acknowledgement in Russia
On 31 December 2017 the President of the Russian Federation signed one of the laws which has been most discussed by the Russian banking and legal communities – Federal Law No. 486-FZ "On a syndicated facility (loan) and amendments to certain legislative acts of the Russian Federation" (the " Law...
29 November 2017
Publicado el Real Decreto-Ley en materia de divulgación de información no financiera
El pasado sábado se publicó en el Boletín Oficial del Estado el Real Decreto-ley 18/2017, de 24 de noviembre, por el que se modifican el Código de Comercio, el texto refundido de la Ley de Sociedades de Capital aprobado por el Real Decreto Legislativo 1/2010, de 2 de julio, y la Ley 22/2015, de 20...
01 November 2017
The view from Brussels – Brexit negotiations – Developments in October
The Brexit debate often looks different viewed from Brussels rather than from London. It is however important for businesses to also keep in mind the Brussels perspective and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations.
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...
03 February 2023
New UAE Commercial Agencies Law comes into force
Last year, we published an e-bulletin on the key changes that had been announced to the draft UAE Commercial Agencies Law. Following the passage of Federal Law No. 3/2022 in December 2022 (the " Commercial Agencies Law "), these changes are now in-force. Below we have provided a re-cap of the key...
25 January 2023
M&A STANDPOINT: Formal sale processes: A useful tool to solicit offers or a last resort?
FSPs were created to encourage a competitive and confidential sale process under the Takeover Code, but often they may signal that a company has run out of options. However, a number of companies have elected to launch FSPs in recent months, so when is an FSP is the right choice for a company?
24 January 2023
Global M&A Outlook 2023: Automotive Electric and digital revolutions still drive M&A
The automotive sector is currently experiencing two inflection points at the same time: an electric vehicle revolution, as the industry transitions from the internal combustion engine (ICE) to zero emission vehicles (ZEV) including battery electric vehicles (BEV) as part of the wider...
24 January 2023
Global M&A Outlook 2023: Consumer 2022 was a challenging year compared to 2021
M&A in the consumer sector slowed throughout 2022 as compared to the buoyant trends in 2021. Macro-economic issues and global headwinds have meant a tougher environment for consumers, particularly with record-breaking inflation adding to the cost of living and turning the screws on household...
23 January 2023
How hard is it? The Takeover’s Panel consults on guidance for exclusivity granted at the non-binding bid stage
Following two Takeovers Panel decisions that found pre-deal exclusivity and other deal protection arrangements to be unacceptable, the Takeovers Panel has now commenced consultation on proposed new guidance on deal protection granted in respect of non-binding proposals. Most importantly, the...