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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. ...
Upcoming review of Australia’s patents system
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. ...
In Touch: COVID-19 and competition and consumer law issues; news media bargaining code; Holden compensation; CDR accreditation platform now live; and EB Games to refund customers after not playing fair
COVID-19 and competition and consumer law issues; ACCC fines Queensland Yoghurt Company; news media bargaining code; Holden agrees to reduce speed of engagement with dealers over compensation; ACCC CDR accreditation platform now live; Voltaren gel decision in Federal Court; and EB Games to refund customers after not playing fair. ...
Nucleus – corporate law developments: Regulators assess priorities and continue to respond in the wake of COVID-19; changes to Australia's continuous disclosure laws, FIRB regime and Fair Work Act; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed
Regulators assess priorities and continue to respond in the wake of COVID-19; the Treasurer temporarily modifies the operation of Australia's continuous disclosure laws; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; comprehensive reform and further guidance on the temporary changes to the FIRB regime; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed; and more temporary amendments to Fair Work Act. ...
Carrots and sticks: enforcement of the Consumer Data Right
The Australian Competition and Consumer Commission (ACCC) and the Office of the Australian Information Commissioner (OAIC) have published a joint Compliance and Enforcement Policy (the Policy) for the Consumer Data Right (CDR). ...
The CDR is coming to the energy sector – have your say now
The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...
Rokt unsuccessful in the Full Court
The Full Court in Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 reversed the decision of the trial judge, finding for the Commissioner of Patents that Rokt's digital advertising systems and methods invention does not constitute patentable subject matter. The decision further clarifies the patentability of computer-implemented inventions at Australian law. ...
In Touch: COVID-19 and competition and consumer law issues; ACCC derailed in the dismissal of the Pacific National / Aurion appeal; and SOLD - Gumtree's acquisition of Cox Media gets the all clear
COVID-19 and competition and consumer law issues; ACCC derailed in the dismissal of the Pacific National / Aurion appeal; and SOLD - Gumtree's acquisition of Cox Media gets the all clear. ...
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. ...
In Touch: further ACCC authorisations for businesses cooperation during the pandemic; ACCC releases interim Home Loans Price Inquiry report and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies
Further ACCC authorisations letting businesses work together during the pandemic; ACCC releases interim report in Home Loans Price Inquiry and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies forthcoming. ...