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Trade mark owners beware
The Full Federal Court has put trademark owners in Australia making it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners conduct a critical analysis of their trade mark portfolios and ensure that valid rights ...
Full Federal Court overturns decision allowing patent term extension of 'Swiss-style' claims
The Full Federal Court has unanimously held that patent term extensions are not available for second medical use claims involving the use of recombinant DNA technology This decision overturns a controversial finding of the Administrative Appeals Tribunal last year and means that any patent term ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...
Unitranche financing in the Australian market
As regulatory and political pressure increases on the major banks in Australia alternative credit providers are entering the market with a variety of products to attract borrowers The unitranche loan is an example of one such product Partner Warwick Newell Senior Overseas Practitioner Alex Tonkin ...
ACCC's Enforcement and Compliance priorities for 2018
A number of industries and issues are in the spotlight following release of the ACCCs 2018 Enforcement and Compliance Priorities by ACCC Chairman Rod Sims on 20 February 2018 The financial services energy commercial construction and agriculture sectors will be a focus in 2018 as well as the ...
Comments open for North East Link EES scoping requirements
The draft scoping requirements for the proposed North East Link projects Environment Effects Statement have been released and are open for public comment until 12 June 2018 ...
Construction contracts and the new 'ipso facto' insolvency reforms
New insolvency legislation that is designed to provide greater opportunities to restructure failing businesses both before and during external administration has recently been passed ...
Has the ATO tolled the bell for demerger and acquisition scheme structures?
The Deputy Commissioner of Taxation has formally refused a request from AMA Group Limited for demerger relief in connection with a demerger and acquisition transaction involving private equity firm Blackstone casting doubt on the availability of capital gains and income-tax relief for transactions ...
Beware the perils of false patent marking
Patent marking is a useful way of notifying the public and potential infringers that monopoly rights exist or are pending in a product. However, falsely marking a product as 'patented' or 'patent pending' is fraught with danger. ...
Recent developments in non-executive director remuneration
Encouraging share ownership by non-executive directors through non-executive director share rights plans is set to increase following a recent ATO class ruling. ...