Companies should seek to make the most of their intangible assets. One way to do this is to use intellectual property assets as collateral to access funding. IP-rich businesses, SMEs and start-ups should keep this potential avenue in mind. ...

A pending trade mark application concerning the Indigenous term 'gumby gumby' highlights the controversies that arise at the intersection of intellectual property rights and Indigenous culture. ...

Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...

In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...

The healthcare team at Allens reports on some key trends and sectors to look out for in 2020. ...

We are currently at a fascinating time in Australia, where the data space has seen an enormous amount of new regulation over the last few years and faces significant potential regulation on the horizon. The likely impact of these changes on the way in which we deal with data and, in turn, the way in which we might deal with ethics raises a number of compelling (and complicated) questions - particularly as they relate to AI. Technology, Media & Telecommunications Partner Michael Park sat down with Dr Maria Rosario Todao, Deputy Director of the Digital Ethics Lab at Oxford University, to discuss the intersection of these themes and the emerging trends around the world. ...

This insight examines the Product Stewardship Amendment (Packaging and Plastics) Bill 2019 which aims to combat the use of single-use elastics in Australia by establishing a mandatory product stewardship scheme for manufacturers, importers and distributors. ...

Data remains one of the most undervalued assets, with most companies still failing to even include it as an asset on their balance sheet. Buyers and sellers who can recognise data assets and properly demonstrate how value can be extracted from them will be best placed for future M&A transactions. ...

There is more M&A activity in data across all sectors, and data opportunities and risks are impacting headline price, post-completion deal value and risk-allocation profile of investments and M&A transactions. For both buyers and sellers, this playbook helps in-house counsel and dealmakers navigate the data issues that arise in the context of mergers, acquisitions, demergers and investments to maximise the value in these transactions. ...

The Therapeutic Goods Administration (TGA) has issued guidance on advertising to the public for businesses involved with medicinal cannabis products and therapies. Along with advertising restrictions, ...