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In Touch: ACCC to monitor domestic airlines; Qantas refunds for flight cancellations; High Court appeal for Pacific National/Aurizon decision; and other developments
Insight 07 Jul 2020

ACCC to monitor domestic airlines; Qantas offers refunds for flight cancellations; High Court appeal for Pacific National/Aurizon decision; wine grape contract terms under scrutiny; new research on consumer understanding of electricity offers; and ACCC authorises coal producers to negotiate collectively ...

PBS process proving a headache for migraine medications
Insight 29 Jun 2020

Challenging a PBAC decision is not straightforward. We take a look at the available options and examine the alleged delays in listing migraine treatments Emgality and Ajovy on the PBS. ...

Decision on Love is (up) in the Air
Insight 25 Jun 2020

Music duo Glass Candy and airline Air France were found to have infringed the copyright in the iconic 'Love is in the Air' with the songs 'Warm in the Winter' and 'France is in the Air'. With a number of issues unresolved, this remains a case to watch. ...

Sachin hits Spartan for six
Insight 25 Jun 2020

The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...

The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
Insight 25 Jun 2020

WIPO PROOF - WIPO's new service can be used to prove the existence and contents of a digital file at a given time. ...

Lessons from the Australian Intellectual Property Report 2020
Insight 25 Jun 2020

The Office of the Chief Economist of IP Australia published its flagship annual publication, the Australian Intellectual Property Report 2020. The report identifies some key trends, which will assist businesses' understanding of current trends in IP filings in Australia. ...

Upcoming review of Australia’s patents system
Insight 25 Jun 2020

The Australian Government has launched a review of the accessibility of patents for small and medium sized enterprises (SMEs), which follows the phasing-out of the innovation patent system in Australia. ...

Defamation in the digital age – beware of social media comments
Insight 25 Jun 2020

The NSW Court of Appeal has recently reaffirmed the ruling that administrators of public Facebook pages can be held liable as publishers of comments posted to their pages by members of the public. ...

COVID-19™ – will coronavirus-related trade marks and patent pooling be part of the new normal?
Insight 25 Jun 2020

No COVID-19 related trade marks have yet been registered in Australia; however, several applications are pending, and at least one mark containing the word COVID has been accepted for registration. ...

In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 23 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

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