2351-2360 of 4473 results
Gaming: it's no game, in fact, it's big business
From Nintendo to esports, gaming has put on a masterclass, demonstrating how leveraging and protecting IP is a key companion to reaching audiences beyond the controller. ...
Honest concurrent use: a rock-solid reminder of the importance of specific evidence
A recent decision of the Full Court of the Federal Court has highlighted that evidence of honest concurrent use of a trade mark must relate to the specific goods or services covered by an application. It's a timely reminder about the need for care in selecting the scope of the goods and services covered by a mark. ...
Swiss claims and skinny labels: Full Federal Court considers infringement
An enlarged bench of the Full Federal Court has considered the principles applying to infringement of Swiss-style claims, with the decision potentially limiting the application of Swiss-style claims in the context of so-called second medical use patents, where the allegedly infringing products are ʽskinny-labelled’. ...
Allens advises Triple Flag on $550M Northparkes streaming agreement
The agreement will see Triple Flag make an upfront cash payment of US$550 million and ongoing payments of 10 per cent of the spot prices for gold and silver equal to: 54 per cent of the gold produc ...
Changes ongoing for product liability and compliance during COVID-19
Amidst increased scrutiny by the Therapeutic Goods Administration and the ACCC, Australian businesses which manufacture personal protective equipment (PPE), detergents and hand sanitiser must remain on top of changes to product laws in the healthcare space in order to avoid potential liability. ...
Accurate tenement expenditure recording under the Mining Act 1978 (WA): an update from the Warden's Court
Recent proceedings before the Warden's Court of Western Australia have reinforced a long line of decisions and the nature of a tenement holder's obligations in tenement reporting; affirming the requirements for detailed and accurate reporting on expenditure, and emphasising the importance of ensuring tenement holders are truthful when reporting expenditure. The decisions are a timely reminder of the importance of adequately resourcing the compiling, calculating and reporting expenditure functions (and the need to keep detailed records to substantiate that expenditure), as failure to do so can ultimately lead to forfeiture of tenements. ...
WA Court of Appeal determines meaning of 'feasibility study' in the context of a joint venture agreement
In the recent decision of Pilbara Iron Ore Pty Ltd v Ammon [2020] WASCA 92, the WA Court of Appeal considered a farm-in agreement where one party had to pay for a 'feasibility study' in order to acquire an interest in a mining tenement. The primary question for the Court of Appeal was whether the feasibility study had to be 'bankable' or if it could be of a lower standard. ...
Independent review recommends fundamental reform of the 'archaic, ineffective' EPBC Act
The Interim Report of the once-in-a-decade review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) has recommended major reforms, finding the EPBC Act to be archaic, ineffective and inefficient. ...
Forging ahead – legal update on the WA mining and construction sectors
Mining has long been a cornerstone of the Australian economy. In the wake of COVID-19, the industry has remained largely resilient, particularly in Western Australia where mining operations have remai ...
A decade of State Agreements in Western Australia: trends and predictions
State Agreements have been described in Parliament as 'the cornerstone of [Western Australia's] resources sector, particularly the large sector'. Members of the WA Government in the past have asserted that Western Australia would not have projects like the extensive iron ore operations in the Pilbara, North West Shelf, Gorgon, Wheatstone and the DBNGP without State Agreements. ...