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Monopolising foods using trade marks
Insight 09 Dec 2019

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. ...

Healthcare trend watch 2019
Insight 09 Dec 2019

A review of the key trends in the healthcare sector throughout 2019 provides a clear picture of what to expect in the year ahead. On the investment front, opportunities abound across multiple and ...

New government procurement requirements introduced around Australia
Insight 09 Dec 2019

New, wide-reaching requirements for government procurement processes have recently been implemented around Australia, following the ratification of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and other Free Trade Agreements with Australia's key trading partners. These new requirements have significant implications for government departments and agencies, as well as tenderers for government contracts, particularly those with foreign shareholders or affiliations. We examine the procurement requirements and how they have been adopted around Australia. ...

The intersection of data and ethics in AI
Insight 09 Dec 2019

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. ...

What the Packaging and Plastics Bill means for you
Insight 05 Dec 2019

The Product Stewardship Amendment (Packaging and Plastics) Bill 2019 (Cth) (the Bill ) aims to combat the use of single-use plastics in Australia by establishing a mandatory product stewardship ...

Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
Insight 04 Dec 2019

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

Report: National Electricity & Gas Rules Update: November 2019
Insight 02 Dec 2019

In this update we summarise the progress of existing rule change requests across November 2019 and take a closer look at the AEMC's information paper on digitalisation in the NEM. ...

Dealing with data: emerging trends in M&A transactions
Insight 27 Nov 2019

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. ...

Dealing with data: your M&A playbook
Insight 27 Nov 2019

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 wait is over: Equator Principles 4 is here
Insight 25 Nov 2019

The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...

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