231-240 of 352 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Review your IP arrangements: IP exemption from competition laws soon to be repealed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licensing or assignment of IP rights from most of the prohibitions on anti-competitive conduct in the CCA, will be repealed. ...
The EU Copyright Directive – still more questions than answers
Last October, we reported on the European Parliament's vote to adopt changes to the Directive on Copyright in the Digital Single Market. The final form of the Directive was approved in March, and on 15 April, the Council of the European Union gave the Directive the green light. This means Member Sta ...
The new look of franchising revealed
Just over six months after the release of the Exposure Draft for the new Franchising Code of Conduct the new-look Code has been finalised and enacted Partners Tim Golder and Andrew Wiseman and Lawyer Julia Kovarsky report on the practical implications for franchisors ...
Cleaning company franchisor cleaned up by ACCC
The Federal Court has awarded a substantial penalty of $500,000 against a franchisor that had contravened both the Australian Consumer Law and the Franchising Code of Conduct ...
Australian Consumer Law Review: what you need to know
A major review of the effectiveness of the Australian Consumer Law has now been completed with the release of the Final Report by Consumer Affairs Australia and New Zealand. ...
Finger buns get a thumbs down from Advertising Standards Board
Growing community scepticism of sugar has made its way into the Advertising Standards Board, highlighted in a recent decision brought against Bakers Delights advertising of finger buns ...
Global trade mark update
There have been significant, and proposed, trade mark law developments across the globe which are likely to inform trade mark portfolio strategy. ...
Licence to infringe: Patent Office grants Sandoz licence to exploit Lexapro® patent
In the latest chapter of one the longest-running sagas in Australian patent litigation history, the Deputy Commissioner of Patents has retrospectively granted Sandoz a licence to exploit Lundbeck's patent for its blockbuster antidepressant Lexapro® (escitalopram). The licence, only the second of its kind to be granted in Australia, provides Sandoz with a defence to Lundbeck's multi-million dollar infringement claim. ...
Use of your own name must be in good faith
Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. ...
Fish food feuds and authorised trade mark use – Trident Seafoods v Trident Foods
The ongoing fish food feud between Trident Foods Pty Ltd (Trident) and Trident Seafood Corporation (TSC) continues. ...