371-380 of 382 results
Indemnity costs and offers of compromise
How is the Federal Court currently handling the issue of offers of compromise and indemnity costs? Lawyer Phoebe St John recaps Reckitt Benckiser v GSK Australia (No 2) to find out the latest. ...
What do the Swiss and artificial sweetener have to do with patents?
The recent Federal Court decision in Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2019] FCA 28 deals with fascinating issues for patentees seeking to enforce Swiss-style claims against makers of bioequivalent products. ...
When you use what doesn't Belong to you…
Telstra Corporation Limited v BelongEnergy Pty Ltd (VID206/2019), recently resolved by consent orders in Telstra's favour, highlights the importance and utility of adequate trade mark protection. ...
A grape result – exporter of copycat Penfolds wines ordered to pay
Companies exporting wine labelled with the Chinese equivalent of Australia's famous Penfolds brand have been ordered to pay more than $350,000 in damages for trade mark infringement. ...
The ACCC looking to the future – what is a 'representation with respect to a future matter'?
After losses in the Federal Court, the ACCC has now appealed decisions in cases against Kimberly-Clark and Woolworths. In both cases, the ACCC alleged that misleading representations were made with respect to future matters. ...
Freedom to Feta – where is Australia headed on geographical indications?
With negotiations underway for the free trade agreement between Australia and the European Union (the A-EU FTA), Australian businesses that produce, buy or sell EU and non-EU food, agricultural goods and spirit drinks have to confront the possibility that Australia will agree to give much stronger protection to the names of hundreds of EU products that indicate their geographical origin. We look at some of the key issues in the EU's proposal that would impact Australian businesses' operations and IP portfolios, and consider some of the agreed compromise positions in the EU's other recent FTAs. ...
Workplace Relations
Workplace Relations: We look at an adverse action case; why a redundancy doesn't constitute a termination; the importance of a consistent process to deal with workplace bullying; the fairness of a dismissal for failing workplace drug tests; and preventing an employee going to work with a competitor ...
Important clarifications of Australian trade mark registrability
Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...
Isolated genetic material confirmed as patentable
In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...
Spotlight: Cyber breach at Target
There's a joke in the cyber security industry that there are two types of companies: those that know they have been hacked, and those that haven't yet found out. In November 2013, Target Corporation in the US learned this the hard way when it was told by law enforcement agencies that it had been sub ...