1421-1430 of 2616 results
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 ...
Superannuation rate increase
The Superannuation Guarantee rate is scheduled to increase from 9.5% to 10% on 1 July 2021, although a final decision will be made in the May 2021 Budget. ...
Don't be too quick to fire your labour hire
In a reminder of the importance of complying with all redundancy requirements in the Fair Work Act 2009 (Cth) (the FWA), the Fair Work Commission (the FWC) has held that a labour hire company did not have a valid reason to terminate five mine workers after they were no longer needed on site, as it had failed to meet its consultation and redeployment obligations. ...
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 ...
Superannuation trustees and 'efficiently, honestly and fairly'
The Federal Court has made declarations that two superannuation fund trustees contravened ss912A(1)(a) (efficient, honest and fair obligation) and 1041H (misleading or deceptive conduct) of the Corporations Act, and s12DA (misleading or deceptive conduct) of the ASIC Act. ...
Redundancy unfair after employer fails to consult
The Fair Work Commission (the FWC) has found a failure to consult meant an employee who was made redundant missed out on receiving the JobKeeper wage subsidy, which could have kept her working for longer. Her dismissal was therefore unfair. ...