221-230 of 340 results
Review your IP arrangements: IP exemption from competition laws soon to be repealed
Section 51(3) of the Competition and Consumer Act 2010 (CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive conduct in the CCA, will be repealed. ...
ACCC's good result in bad faith claim
The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...
'Fairness in Franchising' report: What you need to know
The Parliamentary Joint Committee on Corporations and Financial Services has completed its inquiry into the operation and effectiveness of the Franchising Code of Conduct the Franchising Code The Committees report recommends 71 wide-ranging recommendations to address perceived power imbalances and ...
Getting its priorities straight - ACCC's 2019 product safety priorities
Just in time for World Consumer Rights Day on 15 March 2019 the Australian Competition and Consumer Commission ACCC formally announced its 2019 Product Safety Priorities Partner Miriam Stiel and Senior Associate Julia Taylor explain which issues remain in the hot seat and whats new on the agenda ...
From Budapest to Wellington – Patents for microorganisms in New Zealand
New Zealand recently acceded to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty), which came into force in New Zealand on 17 March 2019. Managing Associate Tony Shaw discusses what this means for patent appli ...
When you use what doesn't Belong to you…
Telstra Corporation Limited v BelongEnergy Pty Ltd (VID206/2019), recently resolved by consent orders in Telstra's favour, highlights the importance and utility of adequate trade mark protection. ...
A pattern of infringement
The recent decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 on what constitutes the reproduction of a substantial part of a copyright work offers a timely reminder for Australian textile merchants on how best to thread the needle when purchasing designs from third-party manu ...
Don't sweat it - Federal Court finds 'clinical strength' claims on deodorant were not misleading
The Federal Court found in a dispute between Unilver and Beiersdorf, that the use of 'clinical strength' marketing in relation to Nivea deodorants was not false, misleading or deceptive as Unilever had claimed. ...
Imitation is not always the sincerest form of flattery
In this issue we examine a patentees ability to enforce Swiss-style claims against makers of bioequivalent products following the Mylan Health decision ...
McDonald's gets bite taken out of trade mark portfolio
The European Union Intellectual Property Office recently revoked the McDonald's 'BIG MAC' trade mark. Associate Emma Gorrie and Summer Clerk Spiro Kalavritinos detail how one of the world's most well-known brands suffered this blow in relation to its namesake product. ...