IP Australia has released a report summarising stakeholder feedback on how Australia's IP system can be improved to protect and promote the integrity of Indigenous Knowledge ...

In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...

The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...

Both the Sydney population and the population of Melbourne are expected to reach the size of New York City by 2050, raising questions about how our cities of the future will function. ...

In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...

Australia's modern slavery reporting regime was introduced one year ago, and 2020 will see the first set of modern slavery statements published by reporting entities. ...

With negotiations underway for the free trade agreement between Australia and the European Union (the A-EU FTA), Australian businesses that produce, buy or sell EU and non-EU food, agricultural goods and spirit drinks have to confront the possibility that Australia will agree to give much stronger protection to the names of hundreds of EU products that indicate their geographical origin. We look at some of the key issues in the EU's proposal that would impact Australian businesses' operations and IP portfolios, and consider some of the agreed compromise positions in the EU's other recent FTAs. ...

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...

This Insight considers the regulatory effect of the grandfathering of the conflicted remuneration clause, 6½ years after it came into effect. ...