2401-2410 of 2672 results
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’. ...
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. ...
Trace but don't track – Australia's approach to digital contact tracing
The Australian Government has flagged that Australia's baseline 'social distancing' restrictions may be eased more quickly if, among other things, at least 40% of Australians download and use a new voluntary digital contact tracing app, 'COVID Trace'. The announcement has sparked significant debate ...
Removal of exceptions to anti-hawking prohibition
In response to Royal Commission recommendations, amendments to remove exceptions to the existing hawking prohibition have been released for consultation. We analyse the changes, their effects and challenges. ...
The when and what of the new breach reporting regime
All signs point to the final tranche of the Hayne Royal Commission exposure draft Bills being introduced before the end of the year, and their focuses will include something that is a favourite topic here at Unravelled, and is of considerable interest to our clients – breach reporting. We explain the new regime's timing and effects. ...
Mann v Paterson Constructions Pty Ltd [2019] HCA 32
In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...
Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...