1211-1220 of 4171 results
Federal Government introduces workplace relations reforms
The Federal Government has introduced the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (the Bill) into Parliament. This Bill is the Government's first tranche of reforms to workplace relations laws. ...
Get your data retention and destruction program up and running
This Insight outlines the regulatory, operational and technical complexities at issue, and summarises the six steps you can take now to accelerate (or initiate) a data retention and destruction program. ...
What's the dish on dishwashing trade marks?
The recent Federal Court case of RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd canvasses a number of trade mark-related issues. In this Insight, we focus on a particularly interesting aspect of the decision – whether the applicant had used its registered marks 'as trade marks' ...
Lindt wins against Lidl over chocolate bunnies in Switzerland
The highest court in Switzerland, the Federal Supreme Court, has overturned a lower court's decision and found that Lidl's chocolate bunnies have infringed Lindt's trade marks for the shape of its own chocolate bunnies. The court has ordered Lidl to 'destroy' – or, to avoid food wastage ...
Microsoft's IP case goes out the window
The most recent decision regarding the six-year intellectual property dispute between Microsoft Corporation and computer retailer and wholesaler CPL serves as a warning about the importance of obtaining all appropriate licences when installing third party software. ...
Non-Scotch whisky scotched again
The Scotch Whisky Association (the SWA) has again successfully enforced its certification trade mark for 'SCOTCH WHISKY' in Australia. Although Australia does not currently have a separate system for protecting geographical indications (GIs) other than for wines, GIs can (and often are) protected as ...
Do the Corner's trade marks live up to their reputation?
Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...
Troubled waters for Ports deal signals increased ACCC scrutiny of transactions involving common ownership and minority interests
It seems there are stormy seas ahead for common ownership issues in Australia, as the ACCC has indicated an increased appetite to scrutinise transactions involving parties with minority interests or common ownership in competing firms. ...
Tax Summit 2022: Capital Management and M&A
At the annual Tax Institute Tax Summit, Partner Joseph Power and Managing Associate Jay Prasad delivered a paper on 'Capital Management and M&A'. It examines the new proposed tax integrity rule for franked distributions funded by capital raisings, the decision in Aurizon and capital contributions, how the ATO's views on demergers have (re)shaped the demerger landscape and some tips and traps when paying a special dividend in connection with a scheme of arrangement. ...
Is a change (to a stapled structure) as good as a (tax) holiday?
In the second case to consider the general anti-avoidance rule contained in Part IVA since it was amended in 2013, a single judge of the Federal Court has held that the overall restructuring of a loan securitisation business from a corporate group to a corporate group and a separate trust group, which ultimately became a stapled structure, was legitimate and not rendered ineffective for income tax purposes. ...