2361-2370 of 2638 results
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’. ...
Major proposed changes to FIRB regime from 1 January 2021: release of exposure draft of amending legislation – national security test
On 31 July 2020 the Federal Government released exposure drafts of legislation to amend Australia's foreign investment laws to include a new national security test and make various other changes. This insight examines the new national security test, with the other changes to be covered in follow on ...
ALRC recommends broad changes to Australia's corporate criminal responsibility regime
The ALRC is proposing an ambitious reform agenda to recalibrate the role that federal criminal law plays in the overall regulation of companies and better align corporate criminal liability with corporate culpability. Read our latest insight for our analysis on the report. ...
Investing via convertible debt instruments in Vietnam
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. ...
ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...
Allens' submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry into litigation funding and the regulation of the class action industry
Allens has advocated for reform to the class action regime for many years, including by way of submissions to inquiries conducted by the Australian Law Reform Commission and the Victorian Law Reform Commission. We have made a detailed submission to the current inquiry in which we outline our concerns regarding the increasingly entrepreneurial direction of Australia's class action landscape and advocate for (and against) various reforms. ...
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
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. ...
COVID-19™ – will coronavirus-related trade marks and patent pooling be part of the new normal?
No COVID-19 related trade marks have yet been registered in Australia; however, several applications are pending, and at least one mark containing the word COVID has been accepted for registration. ...
The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
WIPO PROOF - WIPO's new service can be used to prove the existence and contents of a digital file at a given time. ...
Lime shines light on product safety representations and product recalls
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. ...