Sort by
12 July 2019
Modifying patented goods post-sale: repairing or remaking?
A recent decision by the Full Federal Court has shed further light on the rights of businesses when selling or acquiring patented goods. The Court has made clear that modifications that go beyond mere repair and instead ‘remake’ or ‘repurpose’ the product will infringe the underlying patent.
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...
23 January 2019
Fish oil capsules fail the sniff test for ‘Made in Australia’ claims
The Federal Court has issued its first decision on the new ‘substantial transformation’ test since the commencement of Australia’s new country of origin labelling laws. The decision clarifies the circumstances where a ‘Made in Australia’ claim can be made for products manufactured and sold in...
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.
25 October 2018
ACCC’s challenge to Pfizer comes to the end of the road with the High Court
We have previously published an update on the Full Court decision in ACCC v Pfizer, where the Full Court dismissed an appeal by the ACCC, upholding a first instance decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive exclusive dealing in its sales and...
Loading Results
Loading
Hubs
Featured
Recent Articles
23 July 2019
Review of the Equator Principles – Draft EP4 released for comment
The Equator Principles ( EPs ) is a risk management framework adopted by financial institutions to determine, assess and manage environmental and social risks of the projects they finance. Established in 2003, the EPs have been adopted by 96 financial institutions in 37 countries. These financial...
19 July 2019
Today NSW Government confirms significant security of payment reforms will commence in October 2019
The NSW Government has significantly reformed NSW’s security of payment legislation, through an amendment Act which was passed into law in November 2018 and an amendment Regulation which was published (in the same form as the public consultation draft) today.
18 July 2019
Moscow Corporate crime and investigations newsletter - July 2019
This newsletter summarises recent Russian regulation, enforcement and court practice developments which may be relevant for doing business in Russia from corporate crime and investigations perspective. Additionally, this newsletter spots some US and other relevant developments which should be kept...
17 July 2019
Improving gender equality in Intellectual Property
Our IP colleagues Rebekah Gay , Partner, Jonathan Turnbull , Partner, Emily Bottle , Senior Associate and Rachel Montagnon , Professional Support Consultant were recently interviewed by World IP review (WIPR) as part of an ongoing campaign to highlight and improve gender diversity in IP and to...
17 July 2019
Inside arbitration: The role of arbitration in employment-related disputes
Practical uses and limitations In this article, Paul Goulding QC of Blackstone Chambers, Peter Frost, London and Barbara Roth, New York, Partners in Herbert Smith Freehills' contentious Employment practice, and Hannah Ambrose, Senior Associate in the Global Arbitration practice, explore the growing...
17 July 2019
Modern Slavery: UK Government responds to Independent Review
The UK Government has published its response to the independent review of the UK Modern Slavery Act 2015, together with a consultation paper on proposed changes to the statement on transparency in supply chains required under section 54 of the Act . If implemented, these changes could increase the...
17 July 2019
Inside arbitration: Arb-Italia: Italy's continuing commitment to arbitration
In litigation-saturated Italy, arbitration has often been cited as an attractive alternative form of dispute resolution. However, its uptake has been somewhat slower than anticipated. Legislators and arbitral practitioners have taken various steps in the past years to promote an arbitration-...
16 July 2019
Inside arbitration: Interview with Paula Hodges QC: President of the LCIA
Paula Hodges QC's career is pretty remarkable. Head of Herbert Smith Freehills' Global Arbitration Practice, she is ranked as one of the leading arbitration practitioners in the world. During her career to date she has had no shortage of interesting cases, involving clients from across the world,...
16 July 2019
Inside arbitration: Cybersecurity matters: Arbitration away from prying eyes
One of the many reasons that companies choose to resolve disputes through arbitration over court litigation is the ability to keep their disputes and the outcome of their disputes private. Arbitration is often chosen to resolve highly sensitive disputes, and being a truly international dispute...
16 July 2019
Inside Arbitration: Choice of arbitral seat: Is Paris under threat?
Choice of arbitral seat is one of the crucial decisions in any contractual negotiation and can have a direct impact on the ease with which parties are able to resolve their disputes. Indeed, many arbitration users and practitioners consider that, in some circumstances, the choice of seat is more...
16 July 2019
Inside arbitration: Commercial arbitration in Europe: What does the future hold outside Paris?
In a period of change, transition and reflection across Europe, and following our article on Paris, our arbitration partners in our European offices share their thoughts on what the future holds for arbitration in their jurisdiction and more widely.
