17 July 2018
Brexit White Paper highlights importance of Intellectual Property rights post-Brexit
Significantly, for those with interests in IP rights, the UK Government's White Paper on Brexit makes encouraging noises about future recognition and security for IP in the UK and in the UK's relationship with the EU, including support for the Unified Patent Court and the UK's role within the new...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
09 July 2018
Patent and Pharma Update, July 2018
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector English courts begin to consider the new Doctrine of Equivalents as applied by the Supreme Court in Actavis v Lilly , and continue to accept jurisdiction in complex, cross-border patent...
29 May 2018
Pfizer beats the ACCC again – implications for pharma
The Full Court of the Federal Court of Australia has dismissed an appeal by the ACCC against an earlier judgment in relation to pharmaceutical company Pfizer. While the Full Court upheld the single judge decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive...
30 April 2018
Unified Patent Court Agreement (including signatories and ratification)
Establishment of the Unified Patent Court (UPC): The UPC is established via an international agreement: the Agreement on a Unified Patent Court (UPCA) , Council of Europe, 11 January 2013. This is an international agreement/treaty between 25 of the 28 Member States of the European Union setting up...
25 April 2018
ADVOCATE GENERAL PROVIDES OPINION ON THE INTERPRETATION OF ARTICLE 3(a) SPC REGULATION
Advocate General Wathelet (the "AG") has provided his opinion to the Court of Justice of the European Union (the "CJEU") on the interpretation of Article 3(a) SPC Regulation (Case C-121/17 Teva v Gilead ). In doing so, the AG rejected the suggestion of the English referring court that the concept...
22 March 2018
Use it or lose it: are trade marks owned by the right entity?
It is common to have an IP holding company own the intellectual property of a business. Yet for trade marks to be valid and enforceable, the IP holding company owner must itself intend to use, use or control the use of the trade marks. It may not be sufficient if that use or control rests with...
09 March 2018
Data use: Protecting a critical resource
Described by some as the “new oil” for the digital economy, there is no doubt that data are now seen as critical for organisations to succeed. Data are a powerful and lucrative fuel for productivity. If not adequately protected, data are vulnerable to leaks that can cause widespread damage, and...
21 February 2018
Arbitrating Pharma Disputes On The Rise – Planning Ahead Makes Sense
Pharmaceutical companies risk coming up against complex and high value disputes in their everyday dealings and operations, and we are increasingly seeing arbitration being used to resolve those disputes. Here we discuss the kinds of disputes pharmaceutical companies face and why international...
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...
05 February 2018
Brexit 'The view from Brussels' – developments in January
January was dominated by the strikingly public discussion of the content of the next supplement to the negotiating guidelines that the European Council finally adopted on 29 January. We discuss some features of these guidelines and their significance for the negotiations below. There was also much...
08 April 2019
NSWCA highlights 'med-arb' pitfalls
The New South Wales Court of Appeal has recently affirmed the importance of strict compliance with legislative requirements when arbitrators seek to assume the role of mediator during the course of arbitration proceedings – otherwise known as ‘med-arb’. 1
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...
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.
04 April 2019
Whitewash win for the ACCC
The Geowash decision is yet another recent reminder of the ACCC’s intention to closely regulate and scrutinise franchisor conduct. It also provides the ACCC with a valuable precedent in supporting a relationship between a breach of the ACL and good faith obligations under the Code.
29 March 2019
A final conclusion? The Federal Court dismisses the Finders Resources judicial review proceedings
In its decision in Eastern Field Developments Limited v Takeovers Panel  FCA 311, the Federal Court has dismissed the application by Eastern Field Developments Limited for judicial review of the Review Panel’s decision in Finders Resources Limited 03R  ATP 11. This means, that absent an...
29 March 2019
ASIC’s corporate finance report – July to December 2018: Insights and guidance on ASIC’s regulatory focus for public M&A
We delve into the corporate finance report published in March by ASIC, with a focus on ASIC’s public M&A related activities over the second half of 2018 and the future areas of ASIC’s regulatory focus.
29 March 2019
Depositary arrangements and the headcount test: the Federal Court’s decision in the Tronox scheme
Share depositary systems are used to enable electronic settlement of share trades and to enable shares issued in one jurisdiction to be traded in another jurisdiction. They usually work so well as to be virtually invisible. Not all of them, however, capture the necessary information about voting...
29 March 2019
4th Edition ASX Corporate Governance Principles and Recommendations
The ASX Corporate Governance Council has released the final version of the 4 th Edition Corporate Governance Principles and Recommendations. Listed entities will need to consider what steps they need to take in order to be compliant with the 4 th Edition.
28 March 2019
Cyber Security Quarterly Round-Up, March 2019
If the first quarter of 2019 is anything to go by, cyber security risk is still a high-ranking board agenda item with no sign of abating and the regulatory landscape is becoming ever more complex as we strive to respond and mitigate the risks of cyber incidents. We provide a summary of the key...