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Combe International Ltd v Dr August Wolff: deceptive similarity where it counts
IP Australia, the Federal Court and the Full Federal Court have considered whether the trade marks VAGISIL and VAGISAN are deceptively similar. The final answer has now been handed down by the Full Federal Court. We take a look at the decision and what it tells us about deceptive similarity. ...
Straight outta USDC: dangers of using a celebrity's name, image or likeness
Ice Cube recently filed proceedings in the US against the popular trading app Robinhood, to freeze the use of his image and likeness. This highlights the dangers of advertisements using the name, image or likeness of a celebrity without their consent. ...
Fake online reviews – serving an application for discovery on an overseas company
Decisions on recent applications brought by Seven Consulting, Allision, and Sydney Criminal Lawyers provide some useful guidance on the principles that will apply when seeking leave to serve an application for discovery on an overseas company. ...
Are you ready for the new breach reporting regime?
ASIC has released a consultation paper on its draft regulatory guidance for the new (read onerous and wide-ranging) breach reporting regime, which is to commence on 1 October 2021. The release, on 22 April 2021, followed the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 ...
Long-awaited regulations implementing Vietnam's PPP Law have now been issued
Vietnam's long awaited regulations have now been issued in the form of Decree 35/2021/ND-CP detailing and guiding implementation of the PPP Law (Decree 35) and Decree 28/2021/ND-CP on financial management mechanism of PPP projects (Decree 28) on 26 March 2021 (collectively, the Decrees). ...
Building strength through collaboration
For the past two decades, Australia has been a leader in the use of public private partnerships (PPPs) and private capital in the delivery of public infrastructure. Our successes have been so pronounced that countries such as Canada would send experts and civil servants to learn from local authorities. The market matured, and many complex projects were delivered using this approach. It is the combination of private and public sectors that is crucial for a successful project, allowing certain risks to be transferred, better management of risk and more innovative thinking. In this Insight, we discuss why private sector involvement is beneficial and how they enable stronger project outcomes for all. ...
Spreading the spend
To re-balance the pipeline and bring the greatest benefits to all Australians, we need to spread the spend. Government is posed to spend record amounts and we need to make sure we are delivering the right infrastructure, in the right places, at the right time. ...
EU carbon tariffs on the horizon – what Australian trading businesses need to know
The European Union's Parliament has adopted a resolution supporting the introduction of a Carbon Border Adjustment Mechanism (CBAM) to tax carbon emissions embedded in foreign imports entering the EU. The EP has resolved to implement by 2023 a regime that is compliant with World Trade Organization (WTO) rules. ...
Your jointly proposed pecuniary penalty may not be appropriate
The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...
Allens advises Quantium on its expanded partnership with Woolworths Group
Under the transaction, Woolworths Group will increase its shareholding in Quantium from 47 per cent to 75 per cent, with Quantium founders and team members retaining 25 per cent of the business. ...