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The mRNA rush
Insight 30 Jun 2022

There is great potential for mRNA technology to revolutionise future vaccines, and treatment of various conditions such as rare genetic disorders, other infectious diseases and even cancer. The enthusiasm for the technology – or the 'mRNA rush' – is reflected by a spike in patent filings over the past five years, and the growing patent portfolios of key mRNA pioneers and market players. ...

Consultation sought on Queensland's privacy and right to information reforms
Insight 30 Jun 2022

The recently released consultation paper on Queensland's privacy and right to information framework outlines significant proposed reforms. This Insight explains the key suggested changes and their potential impacts. ...

Botox, floor plans and gaming machines – a High Court update
Insight 30 Jun 2022

Three important IP cases are now before the High Court of Australia. They cover a range of key issues and have the potential to clarify Australian law in some key respects, and may have a significant impact on creators and innovators, as well as users of IP. ...

Mic drop – the Federal Court finds infringement of a registered design
Insight 30 Jun 2022

Registered designs are an important, but sometimes overlooked, form of intellectual property. A recent Federal Court decision has reiterated a number of important principles of Australian designs law, and is a timely illustration that registered designs can be a powerful tool to help organisations protect the visual appearance of their products. ...

The great escape: tote bags found not to be works of artistic craftsmanship
Insight 30 Jun 2022

In an appeal decision, the Full Court of the Federal Court of Australia affirmed a decision that a perforated neoprene tote bag was not a work of artistic craftsmanship because functional considerations outweighed visual or aesthetic ones in the design. As a result, once 50 or more of the bags had b ...

Failure to pay patent renewal fee? Advanta can take advantage of extension of time provision
Insight 30 Jun 2022

Advanta Seeds Pty Ltd (Advanta), a broadacre seed company that owns thousands of patents relating to agricultural chemicals, seeds and seed technologies, applied for review of a decision by the Commissioner of Patents refusing its application under s 223 Patents Act 1990 (Cth) (Patents Act) for an e ...

Environment Protection Act fires the starting pistol for private actions
Insight 27 Jun 2022

The new Environment Protection Act 2017 (Vic) (the EP Act) brings a raft of changes, including introducing direct third-party enforcement rights. Eligible people will be able to bring actions against individuals and businesses they claim are in breach of the new Act from 1 July 2022. This Insight outlines the key things companies should know about the third-party enforcement rights regime. ...

Minimum fines of $10 million – why compliance with the Franchising Code is now more important than ever
Insight 27 Jun 2022

In April this year, highly anticipated increases to the financial penalties for contravening the Franchising Code (the Code) came into effect. As a result of these changes, it's essential that business review their franchise agreements to ensure they remain compliant with the Franchising Code. ...

'Rate my builder' – next step in NSW Government rating regime
Insight 24 Jun 2022

Marking a further step in the New South Wales Government's 'Construct NSW' building and construction industry reforms, the Independent Construction Industry Ratings Tool (iCIRT) – which assesses construction professionals against a series of criteria2 – has released the first 19 developers and builders to have a public rating. In this Insight, we explain iCIRT's potential impact, and what action construction professionals and businesses can be taking now. ...