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In Touch: ACCC's first enforcement action for an alleged breach of the Electricity Retail Code; Federal Court explores the meaning of 'prepayment'; and other developments
Insight 17 Aug 2020

The ACCC pursues Sumo Power over its electricity plans; interim report on Murray–Darling Water Markets Inquiry; 'prepayment' examined by Federal Court in ACCC v TPG; Locality Planning Energy fined for alleged breach of the Electricity Retail Code; and proceedings against Decathlon over sale of allegedly unsafe sporting goods. ...

Designs amendment on the horizon: is this the saving grace for Australian designs?
Insight 27 Aug 2020

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 exposure draft has been released. The proposed changes will make it easier to coordinate design registrations across jurisdictions and, for now, current best practice filing strategies remain the same. ...

Gaming: it's no game, in fact, it's big business
Insight 28 Aug 2020

From Nintendo to esports, gaming has put on a masterclass, demonstrating how leveraging and protecting IP is a key companion to reaching audiences beyond the controller. ...

Honest concurrent use: a rock-solid reminder of the importance of specific evidence
Insight 28 Aug 2020

A recent decision of the Full Court of the Federal Court has highlighted that evidence of honest concurrent use of a trade mark must relate to the specific goods or services covered by an application. It's a timely reminder about the need for care in selecting the scope of the goods and services covered by a mark. ...

Swiss claims and skinny labels: Full Federal Court considers infringement
Insight 27 Aug 2020

An enlarged bench of the Full Federal Court has considered the principles applying to infringement of Swiss-style claims, with the decision potentially limiting the application of Swiss-style claims in the context of so-called second medical use patents, where the allegedly infringing products are ʽskinny-labelled’. ...

Changes ongoing for product liability and compliance during COVID-19
Insight 07 Aug 2020

Amidst increased scrutiny by the Therapeutic Goods Administration and the ACCC, Australian businesses which manufacture personal protective equipment (PPE), detergents and hand sanitiser must remain on top of changes to product laws in the healthcare space in order to avoid potential liability. ...

Cyber security by design: Australia's (future) Cyber Security Strategy
Insight 12 Aug 2020

The Federal Government released its much anticipated Cyber Security Strategy 2020 Report on 6 August. The Strategy builds on the foundations of its 2016 predecessor and closely follows the recommendations made by the 2020 Cyber Security Strategy Industry Advisory Panel in its July report. ...

The ACCC's new case on Google's collection and use of consumer personal information
Insight 02 Aug 2020

In a landmark case, the ACCC alleges that Google failed to obtain explicit and informed consent from its consumers about the use of their data and acted contrary to representations made in its privacy policy. ...

In Touch: ACCC seeks clarity on unconscionable conduct; Medibank receives $5 million penalty for misrepresentations to members; continued cooperation in the era of COVID-19; and other developments
Insight 21 Jul 2020

ACCC seeks clarity on unconscionable conduct; ACCC clears Elanco's acquisition of Bayer's animal health business; ACCC chimes in on transparency in music licensing; Medibank receives $5 million penalty for misrepresentations to members; Kogan misled consumers with EOFY promotion; and continued cooperation in the era of COVID-19 ...

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 22 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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