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Investing via convertible debt instruments in Vietnam
Insight 02 Sep 2020

We look at the pros and cons of convertible debt instruments compared to traditional equity investment in Vietnam, the availability of these instruments to foreign investors and a comparison between convertible loan and convertible bond. ...

Gaming: it's no game, in fact, it's big business
Insight 28 Aug 2020

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
Insight 28 Aug 2020

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
Insight 27 Aug 2020

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’. ...

Easing of COVID-19 restrictions prompts return to work planning
Insight 02 Jun 2020

States and territories have recently eased the restrictions on business closures and public gatherings, prompting a wave of return to work planning. However, businesses need to be aware of a variety o ...

JobKeeper fortnights – do two fortnights equal a month?
Insight 02 Jun 2020

The Fair Work Commission (the FWC) has released an opinion on how to deal with monthly paid employees under the JobKeeper scheme.1 ...

Varying redundancy payments due to COVID-19 hardship
Insight 02 Jun 2020

For some employers, managing the impact of COVID-19 on their business may ultimately involve making redundancies, and some may struggle to meet their obligations to employees with respect to redundancy pay. This article considers this scenario in the context of two recent Fair Work Commission decisions. ...

In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 22 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

Lime shines light on product safety representations and product recalls
Insight 24 Jun 2020

The ACCC's action against Lime demonstrates that businesses must carefully consider what actions may constitute a 'recall', particularly where electronic products are supplied. It also serves as a reminder that product safety issues can be regarded as a breach of the Australian Consumer Law and can give rise to pecuniary penalties. ...

Report: Vietnam offshore wind - where to from here?
Insight 03 Jun 2020

A brief overview of the Vietnam wind market, the opportunities and challenges, as well as key legal considerations investors need to be aware of when investing in offshore wind in Vietnam. ...

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