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What the Packaging and Plastics Bill means for you
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
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Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance).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and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance.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
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
The ongoing fish food feud between Trident Foods Pty Ltd ( Trident ) and Trident Seafood Corporation ( TSC ) continues. Although Trident's trade mark registrations survived the initial non-use ...
A grape result – exporter of copycat Penfolds wines ordered to pay
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. ...
IP insurance: are you sure it's too expensive?
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. ...
Stylkea – a bad idea?
Two recent examples of Australian businesses clashing with multinational businesses in relation to trade marks serve as cautionary tales for all businesses. ...
Banksy stops unauthorised merchandising in Italian museum
A company called Pest Control, which claims to act on behalf of the anonymous street artist Banksy, has won a trade mark infringement claim against an art exhibition organiser for selling Banksy ...
From Budapest to Wellington – Patents for microorganisms in New Zealand
New Zealand recently acceded to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure ( Budapest Treaty ), which came into force ...
Significant fee changes for patents and trade marks are coming in New Zealand
On 2 April 2019, the Intellectual Property Office of New Zealand ( IPONZ ) announced a number of patent and trade mark fee changes that will take effect later in 2019. The changes will result in a ...