21 July 2020
Using big data to fight financial crime
In a regulatory environment which demands ever higher standards for anti-money laundering ( AML ) compliance, many financial institutions have responded by significantly increasing headcount in their AML functions, often at significant cost. However, an investment in headcount alone may not yield...
21 July 2020
Regulators lead businesses in monitoring of misconduct
As regulators and law enforcement increasingly rely on advanced data analytics for monitoring and surveillance, the risk is growing that they will detect misconduct by employees and customers that has gone undetected by a company’s own internal systems.
25 June 2020
CJEU rules that providing free samples of non-prescription drugs to pharmacists is permitted
On 11 June, the Court of Justice of the European Union (" CJEU ") ruled on the question of whether free samples to pharmacists of medicines may be supplied by pharmaceutical companies to pharmacists. The German Federal Supreme Court (Bundesgerichtshof) had referred questions regarding the German...
12 May 2020
Patent and Pharma Update, May 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this update we welcome our new IP partner in Germany. We have a number of interesting updates from the UK Court of Appeal, including a decision on Arrow declarations, a competition decision...
29 April 2020
Commonwealth fails in its claim for compensation for PBS expenditure
The Federal Court’s decision in Commonwealth v Sanofi Justice Nicholas’ long-awaited decision in Commonwealth v Sanofi is an Australian first. 1 Of the 4 cases in Australia in which the Commonwealth has sought compensation for losses arising from an interlocutory injunction restraining the launch...
14 April 2020
Exploring Opportunities: The impact of Covid-19 on competition law in the pharmaceutical sector (Europe)
The global Covid-19 pandemic has, to an extent, re-directed some of the actions and focus of competition authorities, which are placing increasing scrutiny on several strategic industries to ensure they do not profit from the crisis. Some of these developments, as outlined below, are relevant to...
07 April 2020
COVID-19: Pressure points: Online sales of pharmaceuticals – now available? (Russia)
In light of the volatile situation with COVID-19, the President of Russia signed Decree No. 187 dated 17 March 2020 “On Retail Trade of Medicines for Medical Use” (“Decree No. 187”) under which distance selling of over-the-counter (“ OTC ”) medicines is permitted. Following execution of Decree No...
10 February 2020
Patent and Pharma Update, February 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the Supreme Court decision of Shanks v Unilever on employee inventor compensation. We update on two CJEU decisions relation to public access to documents submitted...
06 February 2020
ECJ rules for the first time on “pay-for-delay” agreements
On 30 January 2020 the European Court of Justice (“ ECJ ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of...
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...
02 August 2022
12 months reprieve for Foreign Financial Services Providers using Australian Financial Services Licence Exemptions
Today the Australian corporate regulator, ASIC, announced an extension of 12 months for the transitional arrangements for the passporting exemptions and limited connection exemption, which will now expire on 31 March 2024.
22 July 2022
Artificial Intelligence and Renewables: The rise of renewables in Australia
What role will machine learning, a subset of AI, play in Australia's transition to a zero carbon energy future, and what are some of the implications and trade-offs that come with its increased use in our energy infrastructure?
20 July 2022
Trust companies survey 2022: Anti-money laundering regulation
The pace of change in anti-money laundering regulation has been rapid since the 2020 edition of our survey, and shows little sign of slowing down. The EU has introduced a significant AML reform package which is working its way through the legislative process, the UK recently issued responses to...
20 July 2022
‘Safe harbour’ protections may help Australian startups and scaleups ride out the current storm
With a tightening market for capital, the ‘safe harbour’ protections may be critical for Australian startups and scaleups who are unsure if they can raise more capital within their current cash runway or who need to raise through debt securities like convertible notes. Relying on ‘safe harbour’...