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Nucleus – corporate law developments: Second tranche of draft FIRB reforms; ASIC Corporate Plan for 2020-24; High Court clarifies personal/carer's leave entitlements; and other corporate law developments
Insight 25 Sep 2020

Second tranche of draft FIRB reforms released; ASIC releases Corporate Plan for 2020-24; ASIC grants relief for escrow and non-promotional communications for IPOs and updates RG5 and RG254; High Court sides with employers and clarifies personal/carer's leave entitlements; ACCC releases ninth interim gas inquiry report; extension of temporary COVID-19 continuous disclosure and insolvency relief measures; ALRC reports on Australia's corporate criminal responsibility regime. ...

In Touch: COVID-19 cooperation to continue; international regulators team up on investigations; charity claims under the lens; and other developments
Insight 23 Sep 2020

Continued coordination in response to the COVID-19 pandemic; int'l agreement for regulators to cooperate on cross-border investigations; Oscar Wylee penalised $3.5m; Pfizer's Upjohn merger cleared with Mylan; ACCC examines competition in mobile apps market; and new Energy Tech Consumer Code ...

In Touch: News Code of Conduct update; ACCC flags enforcement in the electricity market; and other developments
Insight 09 Sep 2020

News Code of Conduct update: ACCC releases a draft code for comment; HealthEngine to pay $2.9 million for ACL breaches; ACCC flags enforcement in the electricity market; Next chapter of the gas inquiry; Alstom's acquisition of Bombardier Transport cleared; and more COVID cooperation. ...

Lorna Jane antivirus activewear claims don't workout
Insight 08 Sep 2020

A recent set of infringement notices issued by the Therapeutic Goods Administration, including against clothing manufacturer Lorna Jane, highlights the importance of businesses carefully scrutinising all claims made about any health-related benefits of their products. We break down the elements of that case and its significance for advertising and marketing claims. ...

UK Supreme Court affirms jurisdiction to determine global FRAND terms
Insight 07 Sep 2020

The UK Supreme Court's decision in Unwired Planet v Huawei confirms that disputes between organisations that own these patents, and equipment manufacturers that use the patents, can be brought and resolved on a worldwide basis in England. ...

Australia rebranded? A new logo in tough times for trade and travel
Insight 28 Aug 2020

Australia's new 'wattle' logo is intended to represent Australia in the international trade arena. Detailed arrangements governing its use are still to come. Stay alert for details of forthcoming governance arrangements which will define the circumstances in which the new logo can be applied. ...

Designs amendment on the horizon: is this the saving grace for Australian designs?
Insight 27 Aug 2020

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 exposure draft has been released. The proposed changes will make it easier to coordinate design registrations across jurisdictions and, for now, current best practice filing strategies remain the same. ...

No grounds for opposition for coffee merchants
Insight 27 Aug 2020

Parties seeking to oppose (or defend an opposition to) a trade mark registration now have greater clarity over what constitutes use of a trade mark 'in the course of trade' thanks to a recent decision by the Federal Circuit Court of Australia. ...

Swiss claims and skinny labels: Full Federal Court considers infringement
Insight 27 Aug 2020

An enlarged bench of the Full Federal Court has considered the principles applying to infringement of Swiss-style claims, with the decision potentially limiting the application of Swiss-style claims in the context of so-called second medical use patents, where the allegedly infringing products are ʽskinny-labelled’. ...

Booking.com not so generic.com in the US?
Insight 28 Aug 2020

The US Supreme Court held that Booking.com is not a generic term and can be registered as a trade mark, presenting an opportunity for online businesses trading in the US under 'generic.com' domain names to seek trade mark registration. ...

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