11 December 2019
Big data is transforming investigations
Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
22 October 2019
Patent and Pharma Update, October 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we provide updates from the CJEU on SPCs: in one case the CJEU has declined to consider a referral from the UK while in another the Advocate General has issued his opinion on the...
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...
15 August 2019
Australian Patent Update: three key changes underway
Last August we considered IP Australia’s Exposure Draft outlining the potential impact of proposed changes to the Patents Act 1990 (Cth). Following the Exposure Draft’s release, IP Australia received 18 submissions in response, including submissions from AusBiotech, Medicines Australia and the...
11 July 2019
Patent and Pharma Update, July 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the implementation of the controversial SPC waiver, as well as a new SPC referral from the Swedish Court of Appeal. We consider a change to the Patents Court Guide...
05 April 2019
Patent and Pharma Update, April 2019
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on the recent UK Supreme Court decision in the tadalafil case, which foreshadows how English courts will probably respond to issues of obviousness arising from patents...
14 December 2018
The Unified patent court and unitary patent – Introduction
26 of the 28 European Union Member States (MSs) have participated in the enhanced cooperation needed to establish a new patent right – the European Patent with Unitary Effect, otherwise known as the unitary patent ( UP ). This new right will become available as soon as the new court system - the...
11 December 2018
Patent and Pharma Update, December 2018
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on several ground-breaking decisions from the UK courts on second medical use patents and skinny labels, infringement by equivalents and the possibility of global FRAND...
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...
09 November 2018
ACCC to up the ante in consumer protection matters
The ACCC recently released its Annual Report for the 2017/2018 financial year. 1 As well as looking back at the ACCC’s performance over the year, for companies operating in the consumer and retail sectors, it also provides useful insights into where the ACCC is heading in the area of consumer...
09 November 2018
What’s the damage? – The Federal Court’s decision in Sigma v Wyeth
Justice Jagot’s recent decision (of more than 400 pages) in Sigma v Wyeth 1 is an Australian first. The judgment considers the damages payable pursuant to an undertaking given for the grant of an interlocutory injunction in a pharmaceutical patent case.
24 January 2020
Financial Accountability Regime to introduce obligations on RSE licensees and insurers
Reforms proposed by the Government this week will impose significant obligations on registrable superannuation entity licensees and insurers. These reforms will also have implications for banks that are already subject to the Banking Executive Accountability Regime ( BEAR ).
22 January 2020
Moscow Corporate Crime and Investigations Newsletter - January 2020
This newsletter summarises recent developments in Russian regulations, enforcement and court practice which may be relevant for doing business in Russia, from a corporate crime and investigations perspective. Additionally, this newsletter identifies some developments in the US and other relevant...
21 January 2020
The new environment for climate change litigation
The Dutch Supreme Court (the Court ) has recently affirmed a decision of the District Court to issue an order directing the State of the Netherlands to reduce it's greenhouse gas emissions by the end of 2020 by at least 25% of the emissions as at 1990. The order issued by the District Court now...
21 January 2020
HIGH COURT STRIKES OUT CLAIM AGAINST BANKS IN THEIR CAPACITY AS LENDERS TO INVESTORS OF A TAX DEFERRAL SCHEME
The High Court has struck out claims brought by former investors in the Ingenious Media tax deferral schemes against lending banks who advanced sums to the investors for the purpose of investing in the scheme: Mr Anthony Barness & Ors v Ingenious Media Limited & Ors  EWHC 3299 (Ch) .
16 January 2020
Top 10 Employment Law Developments Of The Decade: Part 2
In the final installment of our two-part article, we conclude our countdown of the top U.S. labor and employment developments of the 2010s. This part covers the key developments from 2015 to 2019, and it concludes with our selection of the most important development of the decade.
13 January 2020
Getting the deal through: Joint Ventures 2020
In increasingly complex and connected global markets, joint ventures offer access to business and investment opportunities that may be less available to parties acting alone. New market entry, growing customer bases, sharing of capital expenditure or other costs, originating funding or investment,...
08 January 2020
Open Innovation: Collaborate to Innovate
Innovation that happens in an "open" collaborative context – either internally or with external partners - can provide faster, better, more holistic results to accelerate innovation and improve competitive advantage, concludes our new report: Open Innovation: Collaborate to Innovate , based on "...
08 January 2020
Open Innovation: Data issues in innovation and collaborations
Businesses in every sector are under pressure to innovate to stay ahead of the competition. ‘’Open innovation’’ is a term that has come to describe innovation which extends beyond the traditional Research and Development department of a business and embraces a broader pool of talent and ideas...
06 January 2020
Views on an evolving automotive industry: Responding to ESG-related scrutiny
The automotive industry is unquestionably evolving at considerable pace whether through advances in connectivity and autonomy in vehicles, developments in the way that consumers access and use vehicles or changes driven by the 'electric revolution'.
20 December 2019
Online harms and online safety: Is greater harmonisation on the horizon for Australia?
On 11 December 2019, the Government released a discussion paper on a proposed Online Safety Act (the Proposal ) for consultation. The Proposal comes only months after the adoption of the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 (Cth) (better known as the social media...