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Food and beverage law bulletin
Insight 08 Aug 2022

Latest insights on what's been happening in food and beverage law; M&A trends: ESG, innovative agriculture, craft beer and plant-based alternatives; an update on trade mark law in the food and beverage sector; and other key developments in 2022. ...

Software-based medical devices: key regulatory requirements, IP considerations and data privacy implications
Insight 29 Jul 2022

Software is increasingly being used as a medical device and in medical devices. It is crucial that businesses understand the regulations that can apply to software-based medical devices, the IP considerations if they wish to protect such devices and the privacy-related risks associated with the collection and use of data from such devices. This Insight explores each of these issues in turn. ...

M&A trends in the food and beverage sector: ESG, innovative agriculture, craft beer and plant-based alternatives
Insight 28 Jul 2022

With ESG front of mind, we take a deep dive into some of the M&A trends within the food and beverage sector and outline some key factors that we expect to attract global investment in the years to come. ...

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. ...

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 ...

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. ...

Are your brand protection strategies ready for the metaverse?
Insight 10 Jun 2022

In this Insight, we focus on businesses looking to build or expand their brands in the metaverse, and consider some of the issues they may need to grapple with when it comes to protecting their brand rights in this brave new world. ...

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