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The ending point for 'starting point'
Insight 01 Sep 2014

The Full Federal Court has published its much-anticipated judgment in the AstraZeneca v Apotex appeal A bench of five judges heard the appeal in contrast to the usual three judges in order to be able to clarify or overrule if appropriate an earlier Full Court decision relating to the correct test ...

Australian landholder duty: avoid the pitfalls of an ever expanding duty base
Insight 10 Sep 2014

An increased focus on taxing indirect real property transfers has seen the 'land-rich' or 'landholder' duty rules expand significantly over the years, resulting in far more transactions being liable to duty. ...

Your 'Metadata' as Personal Information
Insight 07 May 2015

In a decision published this week the Australian Privacy Commissioner has clarified that metadata may be personal information when an organisation has the capacity and resources to link that information to an individual Partner Michael Pattison Associate Priyanka Nair and Law Graduate Leah Wickman ...

US Postal Service breaches copyright in the Statue of Las Vegas
Insight 23 Aug 2018

In this issue we look at challenges for domain name searching posed by the GDPR the second round of draft amendments to the Patents Act developments in the patentability of computer-implemented inventions the dangers of falsely marking products as patented the latest brand wars in the Federal Court ...

Rethinking ‘natural’ history
Insight 22 Jul 2018

Is there more than one reason to call a product ‘natural’? The FCAFC thinks so, overturning Justice Katzmann’s finding that it is misleading to describe a product as ‘natural’ if it is not made wholly or substantially from natural ingredients. ...

The hack back: The legality of retaliatory hacking
Insight 17 Oct 2018

In circumstances where government departments and law enforcement agencies are unable or unwilling to effectively respond to cybercrime, organisations are increasingly questioning whether or not they have or ought to have a a right to 'hack back' as an offensive retaliatory measure. ...

The EU Copyright Directive – what you need to know
Insight 31 Oct 2018

In mid-September, the European Parliament voted to adopt changes to the Directive on Copyright in the Digital Single Market (the Copyright Directive), sending the Twitterverse into a frenzy. Described by commentators as everything from 'welcome' to 'catastrophic', the changes are designed to ensure ...

Fool's gold – how packaging can be misleading or deceptive
Insight 23 Aug 2018

The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...

Meat marks update
Insight 17 Dec 2018

Two recent trade mark disputes illustrate that even where marks share similar elements, they are unlikely to be deceptively similar if the overall impression created by each mark is substantially different. ...

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