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Rokt unsuccessful in the Full Court
Insight 22 May 2020

The Full Court in Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 reversed the decision of the trial judge, finding for the Commissioner of Patents that Rokt's digital advertising systems and methods invention does not constitute patentable subject matter. The decision further clarifies the patentability of computer-implemented inventions at Australian law. ...

The CDR is coming to the energy sector – have your say now
Insight 26 May 2020

The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
Insight 16 Jun 2020

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 ...

Treasurer temporarily amends continuous disclosure laws during COVID-19 crisis
Insight 26 May 2020

The Treasurer has used his emergency powers under the Corporations Act (the Act) to temporarily modify the operation of Australia's continuous disclosure laws. The Treasurer's release states that the changes are designed to enable listed companies to more confidently provide earnings guidance ...

What courts and regulators expect from corporate compliance
Insight 22 May 2020

The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...

Coverage of the Miscellaneous Award widened to cover some award-free employees
Insight 02 Jun 2020

From 1 July 2020, the Miscellaneous Award will cover a wide range of low-skilled and trade-qualified employees who were previously award-free. ...

JobKeeper insights from the FWC
Insight 02 Jun 2020

COVID-19 and the introduction of the JobKeeper scheme has had a critical impact on business. In a recent statement, the Fair Work Commission (FWC) shared valuable insights on the trends in disputes emerging in the early days of the scheme and how it will manage these cases moving forward. ...

The road back to workplaces – 10 safe workplace principles for managing safety risks
Insight 02 Jun 2020

As COVID-19 restrictions begin to ease, businesses preparing to transition their workers back to their usual workplaces need to keep in mind the 10 'National COVID-19 Safe Workplace Principles' (Safe Workplace Principles), announced by the Morrison Government on 24 April 2020, in managing their work health and safety (WHS) risks in light of the serious health risks associated with the COVID-19 pandemic. ...

Lessons from the Australian Intellectual Property Report 2020
Insight 24 Jun 2020

The Office of the Chief Economist of IP Australia published its flagship annual publication, the Australian Intellectual Property Report 2020. The report identifies some key trends, which will assist businesses' understanding of current trends in IP filings in Australia. ...

Sachin hits Spartan for six
Insight 24 Jun 2020

The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...

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