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Copyright in the Aboriginal flag
Insight 30 Oct 2020

A Senate Select Committee established to look into the flag's copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist. ...

A battle with Banksy
Insight 30 Oct 2020

Banksy has lost his trade mark rights to his notorious Flower Thrower artwork in the EU. The EUIPO's decision reflects on bad faith registrations in the EU and offers other important food for thought in the context of trade mark and copyright law. ...

Burger rivals in dispute with the lot
Insight 30 Oct 2020

McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...

The Ripple effect: unintended consequences of poor international trade mark awareness
Insight 30 Oct 2020

The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under 'PayID' branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed by international businesses advertising or offering online services to Australian customers under deceptively similar branding. ...

Funds and institutional investors: a pivotal role in the infrastructure-led recovery
Insight 28 Oct 2020

Funds and institutional investors are uniquely positioned to play a pivotal role in this recovery and to respond to the disruption and opportunities that have been presented in infrastructure. ...

Act fast, act well: Federal Court decision reinforces the importance of robust compliance programs for banks and other financial services licensees
Insight 27 Oct 2020

Chief Justice Allsop of the Federal Court recently imposed on a bank, by consent of ASIC and the bank, civil penalties totalling $10 million for unconscionable conduct in carrying out an inadequate customer remediation process. It highlights the importance of banks and other financial services licensees having in place robust compliance programs and taking prompt and comprehensive action where possible non-compliance is identified. ...

Australia's second shareholder class action judgment
Insight 26 Oct 2020

In the wake of Crowley v Worley Limited, Australia's first two shareholder class action judgments highlight the significant risk that applicants, and the litigation funders that support them, take when pursuing such claims to trial. Neither judgment sounded in any award of damages for shareholders. ...

A key landmark in IBOR transition
Insight 23 Oct 2020

The long-awaited ISDA IBOR Fallbacks Supplement and Protocol will be going live today with the endorsement of ASIC, the RBA and APRA. They implement new benchmark fallbacks for both future and existing derivative contracts, facilitating the efficient transition from LIBOR and other IBORs in anticipation of their discontinuation. If you have a derivatives portfolio, the Protocol allows quick and easy adoption of the new fallbacks through a one-off adherence. That said, it may not be sufficient to cover all scenarios. ...

Yes, government should fast-track infrastructure spending. But wisely.
Insight 16 Oct 2020

There is no question that more public spending and job creation will help, but how that money is spent, where and on what type of projects should be carefully scrutinised. Our latest research unpacks the issues. ...

Major NSW mining lease rehabilitation reforms for all mines
Insight 15 Oct 2020

All new and existing all new and existing mining leases in NSW will be regulated by new standard rehabilitation conditions under proposed reforms by the NSW Resources Regulator (Mining Amendment (Standard Conditions of Mining Leases - Rehabilitation) Regulation 2020). ...

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