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EU carbon tariffs on the horizon – what Australian trading businesses need to know
The European Union's Parliament has adopted a resolution supporting the introduction of a Carbon Border Adjustment Mechanism (CBAM) to tax carbon emissions embedded in foreign imports entering the EU. The EP has resolved to implement by 2023 a regime that is compliant with World Trade Organization (WTO) rules. ...
Workplace manslaughter: Victoria's new workplace crime
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
This insight examines the Product Stewardship Amendment (Packaging and Plastics) Bill 2019 which aims to combat the use of single-use elastics in Australia by establishing a mandatory product stewardship scheme for manufacturers, importers and distributors. ...
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Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance).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and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance.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. ...
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. ...
Stylkea – a bad idea?
This Insight considers two recent examples of Australian businesses clashing with multinational businesses in relation to trade marks which serve as cautionary tales for all businesses. ...
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. ...
I like it [trade marked] like that, OKURRR?
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 ...