IP Australia, the Federal Court and the Full Federal Court have considered whether the trade marks VAGISIL and VAGISAN are deceptively similar. The final answer has now been handed down by the Full Federal Court. We take a look at the decision and what it tells us about deceptive similarity. ...

Ice Cube recently filed proceedings in the US against the popular trading app Robinhood, to freeze the use of his image and likeness. This highlights the dangers of advertisements using the name, image or likeness of a celebrity without their consent. ...

Vietnam's long awaited regulations have now been issued in the form of Decree 35/2021/ND-CP detailing and guiding implementation of the PPP Law (Decree 35) and Decree 28/2021/ND-CP on financial management mechanism of PPP projects (Decree 28) on 26 March 2021 (collectively, the Decrees). ...

For the past two decades, Australia has been a leader in the use of public private partnerships (PPPs) and private capital in the delivery of public infrastructure. Our successes have been so pronounced that countries such as Canada would send experts and civil servants to learn from local authorities. The market matured, and many complex projects were delivered using this approach. It is the combination of private and public sectors that is crucial for a successful project, allowing certain risks to be transferred, better management of risk and more innovative thinking. In this Insight, we discuss why private sector involvement is beneficial and how they enable stronger project outcomes for all. ...

The European Union's Parliament has adopted a resolution supporting the introduction of a Carbon Border Adjustment Mechanism (CBAM) to tax carbon emissions embedded in foreign imports entering the EU. The EP has resolved to implement by 2023 a regime that is compliant with World Trade Organization (WTO) rules. ...

Decisions on recent applications brought by Seven Consulting, Allision, and Sydney Criminal Lawyers provide some useful guidance on the principles that will apply when seeking leave to serve an application for discovery on an overseas company. ...

State Street Global Advisors Trust Company (State Street), the US-based investment management company that originally commissioned the bronze statue known as 'Fearless Girl', has lost its case concerning a replica of the statue unveiled at Melbourne’s Federation Square in 2019. ...

Achieving the target of net zero remains at the forefront for the energy industry. As we increase investment in renewables and look for ways to improve efficiencies, new challenges emerge. Helpfully, there are a range of mitigation and management strategies that can be put in place to reduce risk and smooth the transition. In this Insight we outline some of those practical steps, including ones specifically geared towards managing or avoiding potential disputes during the development stages of a project. ...

ASIC takes 'no action' position on virtual meetings but no such luck for electronic signatures; Fair Work Act amendments clarify the definition of casual employment; ASX Listing Rule amendments to commence from 5 June 2021; ASX updates Guidance Note 19: Performance Securities; Takeovers Panel remakes procedural rules; APRA provides guidance to ADIs on the use of indemnities in divestment transactions. ...

One of the issues a target board will need to consider when assessing a takeover by a foreign bidder is the mitigation of FIRB completion risk in the transaction, and the appropriate allocation of any residual risk between the bidder and the target. This is particularly an issue where the target's business includes critical infrastructure or raises national security issues. ...