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Lessons from the Australian Intellectual Property Report 2020
Insight 24 Jun 2020

The Office of the Chief Economist of IP Australia published its flagship annual publication, the Australian Intellectual Property Report 2020. The report identifies some key trends, which will assist businesses' understanding of current trends in IP filings in Australia. ...

Lime shines light on product safety representations and product recalls
Insight 24 Jun 2020

The ACCC's action against Lime demonstrates that businesses must carefully consider what actions may constitute a 'recall', particularly where electronic products are supplied. It also serves as a reminder that product safety issues can be regarded as a breach of the Australian Consumer Law and can give rise to pecuniary penalties. ...

Upcoming review of Australia’s patents system
Insight 24 Jun 2020

The Australian Government has launched a review of the accessibility of patents for small and medium sized enterprises (SMEs), which follows the phasing-out of the innovation patent system in Australia. ...

In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 22 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

Annual members' meetings for superannuation funds – physical, electronic hybrid or virtual?
Insight 23 Jun 2020

In May, the Federal Treasurer used emergency powers to temporarily modify the Corporations Act 2001 (Cth) to facilitate the holding of public company shareholder meetings virtually, without any attendees required to be physically present. We take a look at the SIS Act requirements, ASIC statements, and the implications for holding members' meeting in the current environment. ...

What are the trade implications of COVID-related government subsidies?
Insight 23 Jun 2020

Members of Australian industry, importers and exporters should consider the impact of government subsidies on their business operations and related anti-dumping and countervailing duty measures or risk. ...

RG 272 – bringing order through product intervention
Insight 23 Jun 2020

Following its consultation in June last year, ASIC has now published RG 272, setting out ASIC's approach to using its product intervention powers. In this update, we examine the scope of this power and the accompanying regulatory guidance. ...

Superannuation, funds and insurance sector reforms: the year ahead in 2020 and beyond
Insight 23 Jun 2020

As the dust settles on a raft of COVID-19 related disruptions to various proposed legislative and regulatory reforms, the Allens team takes stock of the current regulatory reform proposals in the superannuation, funds and insurance sectors which have been mooted for the tail end of 2020 and early 2021. ...

Allens' submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Insight 19 Jun 2020

Allens has advocated for reform to the class action regime for many years, including by way of submissions to inquiries conducted by the Australian Law Reform Commission and the Victorian Law Reform Commission. We have made a detailed submission to the current inquiry in which we outline our concerns regarding the increasingly entrepreneurial direction of Australia's class action landscape and advocate for (and against) various reforms. ...

Amendments to PNG Mining Act and Oil and Gas Act
Insight 18 Jun 2020

The Parliament of PNG has passed a series of amendments targeting the mining, oil and gas industries. We examine the significance of these amendments and the likely next steps.  ...

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