1401-1410 of 2618 results
New consoles, new games, old copyright
The release of new video game consoles (including the PlayStation 5, Xbox Series X and the improved Nintendo Switch) will likely increase user-generated content – in both in-game creations and the volume of gameplay that is streamed within the wider gaming community alike. ...
Google v Oracle – a fair stab at APIs
In a recent decision, the US Supreme Court held that Google did not infringe Oracle's copyright when it took 11,500 lines of functional code to build the Android operating system. The decision upholds the longstanding industry practice of copying this type of code. ...
Where did you get those shoes? Manolo Blahnik seeks preliminary discovery against Estro Concept
Luxury shoe brand Manolo Blahnik sought preliminary discovery from designer outlet store Estro Concept (Estro) to determine whether it had a right to obtain relief for trade mark infringement and misleading conduct. ...
Good news for pharmaceutical innovators – Federal Court confirms patent term extensions should be based on patentee's own product
In the appeal decision Ono Pharmaceutical Co, Ltd v Commissioner of Patents [2021] FCA 643 (the Ono decision) the Federal Court has overturned the decision of the Australian Patent Office and confirmed that an application for patent term extension (PTE) should be based on the patentee's own product, not that of a third party or competitor product. ...
Gas pipeline reforms update
The Energy National Cabinet Reform Committee has released a Decision Regulation Impact Statement (DRIS) identifying a proposed package of reforms for gas pipeline regulation in Australia. ...
Nucleus – corporate law developments: ASIC leadership changes and other updates
ASIC leadership changes; ASX advises constitution amendments for CHESS replacement, and launches consultation on oil and gas reporting amendments; ACCC teams up with UK and German competition regulators on merger control; Federal Court upholds record diesel emissions penalty ...
In Touch: Rod Sims marks 10th anniversary of the CCA; Full Federal Court clarifies the law on unconscionable conduct; Federal Court affirms $125m penalty against Volkswagen; and other developments
Rod Sims marks 10th anniversary of the CCA; Full Federal Court clarifies the law on unconscionable conduct; Federal Court affirms $125m penalty against Volkswagen; and other developments ...
Federal Court holds Opal Tower defendant not entitled to be paid defence costs prior to determination on exclusion clause
Evolution v Chubb Insurance clarifies that unless a policy contains an advancement of defence costs provision (and subject to the particular terms of the policy), an insured should not assume it will be entitled to be reimbursed for defence costs as and when they are incurred if there is a debate with the insurer about the operation of an exclusion clause in respect of the third party claim brought against the insured. ...
Full Federal Court dismisses Commissioner's transfer pricing appeal against Glencore
On 6 November 2020, the Full Court of the Federal Court of Australia handed down its much anticipated decision dismissing the Commissioner's appeal (save for one issue) against Glencore Investment Pty Ltd in a significant transfer pricing dispute. ...
Double-duty provisions to receive much needed guidance on what constitutes 'land development'
The Victorian SRO has released a draft revenue ruling in an effort to provide practical guidance as to what types of activities constitute 'land development'. Unfortunately, the Draft Ruling does not overcome the existing uncertainty in some common situations and arguably seeks to expand the types of activities that may be considered 'land development'. ...