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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. ...

Allens advises ESR Australia on establishment of two Australian logistics partnerships
News 28 Jun 2020

'Congratulations to ESR Australia on this exciting milestone,' said Marc Kemp, who led the Allens team. 'We enjoyed working with the energetic and talented team at ESR Australia, and look forward t ...

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. ...

Report: National Electricity & Gas Rules Update: May 2020
Insight 15 Jun 2020

In our latest update, we examine the progress of new and existing rule change requests to the AEMC across the month of May, as well as take a closer look at WA's proposed Access Code changes and how they seek to transform the State's power system. ...

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
Insight 16 Jun 2020

The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...

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. ...

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. ...

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