201-210 of 324 results
The new look of franchising revealed
Just over six months after the release of the Exposure Draft for the new Franchising Code of Conduct the new-look Code has been finalised and enacted Partners Tim Golder and Andrew Wiseman and Lawyer Julia Kovarsky report on the practical implications for franchisors ...
Cleaning company franchisor cleaned up by ACCC
The Federal Court has awarded a substantial penalty of $500,000 against a franchisor that had contravened both the Australian Consumer Law and the Franchising Code of Conduct ...
High Court unanimously finds isolated genetic material not patentable
In the culmination of a hard-fought patent dispute the High Court of Australia has unanimously ruled that Myriad Genetics patent claims to isolated nucleic acid coding for the mutant or polymorphic BRCA1 polypeptide are not valid ...
Full Court comes down hard on business method patent, but software remains patentable
In an eagerly awaited appeal decision in emRPL Central v The Commissioner of Patentsem the Full Federal Court has decided that the evidence-gathering method the subject of RPL Centrals innovation patent was a mere scheme abstract idea or business method that did not constitute patentable subject ...
Protecting innovation without patents - data exclusivity and market exclusivity
Developments in patent law and the consequential limitations on patentability for biologic medicines mean that data exclusivity and market exclusivity can be the primary protection afforded to originator biologic medicines This is most stark in the US where patent protection for biologic medicines ...
Product safety snapshots – year in review
The last 18 months were a busy time for product safety. Consumers found redress via the courts (in the form of class actions) and the regulator (in the form of product recalls). ...
Strengthening protection of Indigenous Culture and Intellectual Property
Recent attention surrounding use of the Aboriginal flag, and the ACCC's limited success against Birubi Art, highlight the importance of strengthening protection of Indigenous Culture and Intellectual Property. ...
Repeal of IP exemption from competition laws to take effect soon
Section 51(3) of the Competition and Consumer Act 2010 (Cth) (the CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive condu ...
Defamation law developments in the digital context
The NSW Attorney-General has released the long-awaited statutory review of the Defamation Act 2005 (NSW), recommending that consideration be given to certain changes to the Model Defamation Provisions that form the basis for the National Uniform Defamation Law. The High Court's decision in Trkulja v ...
When trade mark law gets Messi, better call the Dr (Dre)
Having a famous name has many perks, and as Lionel Messi recently found out, registering your name as a trade mark is one of these. However, such fame is a double-edged sword, as Dr Dre recently experienced. ...