2461-2470 of 2700 results
Federal Court closes the tap on Urban Ale trade mark
In an attempt to sue La Sirène for trade mark infringement, Urban Alley Brewery lost the registration rights to its 'Urban Ale' trade mark, for lack of distinctiveness. We explore how attempting to enforce its trade mark registration rights backfired for Urban Alley. ...
From Notepads to iPads – copyright protection in a digital world
With the global transition from analogue to digital, Australia's copyright laws continue to evolve in an attempt to keep up with the digitisation of content. The Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher MP, recently addressed the Australian Digital Alliance about ...
No relief from pain for Maxigesic claims
AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 serves as an important reminder of the risks of comparative advertising and the need for adequate scientific foundations to support representations claiming to be based in science. ...
Winning a US copyright suit not as easy as you thought – lessons from Blackbeard, Led Zeppelin and Katy Perry
In the world of music, proving copyright infringement just got harder – which is only one major issue arising from recent US copyright litigation. We give you an update on these significant case ...
Accurate tenement expenditure recording under the Mining Act 1978 (WA): an update from the Warden's Court
Recent proceedings before the Warden's Court of Western Australia have reinforced a long line of decisions and the nature of a tenement holder's obligations in tenement reporting; affirming the requirements for detailed and accurate reporting on expenditure, and emphasising the importance of ensuring tenement holders are truthful when reporting expenditure. The decisions are a timely reminder of the importance of adequately resourcing the compiling, calculating and reporting expenditure functions (and the need to keep detailed records to substantiate that expenditure), as failure to do so can ultimately lead to forfeiture of tenements. ...
WA Court of Appeal determines meaning of 'feasibility study' in the context of a joint venture agreement
In the recent decision of Pilbara Iron Ore Pty Ltd v Ammon [2020] WASCA 92, the WA Court of Appeal considered a farm-in agreement where one party had to pay for a 'feasibility study' in order to acquire an interest in a mining tenement. The primary question for the Court of Appeal was whether the feasibility study had to be 'bankable' or if it could be of a lower standard. ...
Independent review recommends fundamental reform of the 'archaic, ineffective' EPBC Act
The Interim Report of the once-in-a-decade review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) has recommended major reforms, finding the EPBC Act to be archaic, ineffective and inefficient. ...
Superannuation, funds and insurance sector reforms: the year ahead in 2020 and beyond
As the dust settles on a raft of COVID-19 related disruptions to various proposed legislative and regulatory reforms, the Allens team takes stock of the current regulatory reform proposals in the superannuation, funds and insurance sectors which have been mooted for the tail end of 2020 and early 2021. ...