Results for "consumer data right"
271-280 of 539 results for 'consumer data right'
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
'PROTOX' and 'PROCAT': the Federal Court considers deceptive similarity and the defence of comparative advertising
Allergan Australia v Self Care IP Holdings and Caterpillar Inc v Puma SE highlight the precise nature of the test required in assessing deceptive similarity, as well as the limits of the comparative advertising defence to infringement. ...
Federal Budget 2023–24: five key takeaways for general counsel
Here is our take on the essential issues for General Counsel arising from the Federal Budget (Budget) 2023-24. ...
Do the Corner's trade marks live up to their reputation?
Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...
IP rights in the COVID-19 pandemic – the story so far
With the timely supply of effective COVID-19 vaccines insufficient to meet global demand, there has been speculation that the compulsory licence and Crown use (or government authorisation) provisions would be invoked. This from the early stages of the pandemic has thrust IP rights into the spotlight ...
Part 1 – Detailed Analysis of CPS 230 and comparison with existing standards
Operational risk has been a headline issue in the superannuation, insurance and banking industries over recent years, so it is no surprise to see APRA sharpening its focus on operational resilience with the release of a new draft prudential standard, CPS 230. In this Insight we provide an overview of CPS 230 and what it will mean for you. ...
Lessons from the Australian Intellectual Property Report 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. ...
Five regulatory reforms shaping the energy transition
Reforming the regulatory framework that underpins our electricity system is a key aspect of Australia's energy transition, but the scale and pace of change can seem overwhelming. ...
Your jointly proposed pecuniary penalty may not be appropriate
The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...
Enhancing oversight and governance of managed investment schemes
In the wake of the Shield Master Fund and First Guardian Master Fund collapses, the Australian Government has released a Consultation Paper on 'enhancing oversight and governance of managed investment ...