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Workplace manslaughter: Victoria's new workplace crime
Insight 03 Jul 2020

Under Victoria's new offence of workplace manslaughter, if a corporation or officer (which can extend to senior managers) is negligent and that results in a fatality, there will be a risk of criminal prosecution. Individuals will risk a lengthy sentence of imprisonment. ...

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 scheme for manufacturers, importers and distributors. The content of the Bill in its existing form, howeve ...

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Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance).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and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

Ultra Tune's small victory in Franchising Code case
Insight 24 Oct 2019

Earlier this year, InIP reported on a case brought by the ACCC alleging various breaches of the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Franchising Code). Ultra Tune Australia Pty Ltd (Ultra Tune) was found to have committed numerous breaches of the Franchising Code. ...

Fish food feuds and authorised trade mark use – Trident Seafoods v Trident Foods
Insight 28 Aug 2019

The ongoing fish food feud between Trident Foods Pty Ltd (Trident) and Trident Seafood Corporation (TSC) continues. ...

A grape result – exporter of copycat Penfolds wines ordered to pay
Insight 25 Jun 2019

Companies exporting wine labelled with the Chinese equivalent of Australia's famous Penfolds brand have been ordered to pay more than $350,000 in damages for trade mark infringement. ...

Stylkea – a bad idea?
Insight 25 Jun 2019

Two recent examples of Australian businesses clashing with multinational businesses in relation to trade marks serve as cautionary tales for all businesses. ...

IP insurance: are you sure it's too expensive?
Insight 25 Jun 2019

IP disputes can be costly. One way firms can manage this risk is to obtain IP insurance. Once regarded as too expensive to work, recent developments in the market suggest that, for smaller businesses in particular, protection may now be more affordable. ...

I like it [trade marked] like that, OKURRR?
Insight 18 Apr 2019

American rapper Cardi B brought trade mark law into news headlines recently when the rapper's company, Washpoppin Inc., lodged trade mark applications in the US for 'OKURRR'. What is OKURRR, and why are these trade mark applications making global headlines? Trade Marks Attorney Thomas Campbell inves ...

Imitation is not always the sincerest form of flattery
Insight 18 Apr 2019

In this issue we examine a patentees ability to enforce Swiss-style claims against makers of bioequivalent products following the Mylan Health decision the EU Copyright Directive raises more questions than answers Jim Beam drives home its trade mark rights Telstra calls for its right to Belong IPONZ ...

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