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Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Full Federal Court overturns decision allowing patent term extension of 'Swiss-style' claims
The Full Federal Court has unanimously held that patent term extensions are not available for second medical use claims involving the use of recombinant DNA technology This decision overturns a controversial finding of the Administrative Appeals Tribunal last year and means that any patent term ...
ASIC publishes draft funds management guidance
ASIC has released draft updates to four existing Regulatory Guides and drafts of two new Regulatory Guides for managed investment schemes corporate collective investment vehicles and passport funds and announced a consultation period which will run until 8 December Partners Marc Kemp and Penny ...
Senate calls for rewards and increased protections for whistleblowers
A broadened definition of whistleblower reforms to establish greater protections for whistleblowers and increased sanctions for retaliatory conduct are some of the recommendations by a Senate committee looking into whistleblower protections in the corporate public and not-for-profit sector We expect ...
Financial products - design and distribution obligations and product intervention powers
After a considerable gestation period the proposed new design and distribution obligations for financial products, and intervention powers for ASIC, took their first, tentative steps yesterday, with the release of exposure draft legislation. ...
Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...
Misuse of market power - Court rejects ACCC allegations against Pfizer
The full federal court have ruled in favour of Pfizer against the ACCC alleging that Pfizer used its market power for an anti-competitive purpose (s 46) and engaged in exclusive dealing conduct for the purpose of substantially lessening competition in the atorvastatin market (s 47). ...
National Energy Guarantee - the emissions requirement in Australia's carbon policy landscape
Following the recent release of the National Energy Guarantee High Level Design Document Partner Jillian Button xand Lawyer Dale Straughen consider how the proposed emissions reduction requirement of the Guarantee will interact with Australias existing emissions reduction policies This article is ...
A new era for Victoria's environmental protection
The Environment Protection Amendment Bill is the first major overhaul of Victorias environmental law in almost 50 years introducing a general environmental duty requiring all Victorian businesses, industry and community members to prevent environmental harm. ...
ASIC overhauls AFS licensing relief for foreign financial service providers
ASIC has released its consultation paper on licensing relief for foreign financial services providers proposing a new licensing regime that will be broadly in line with that applied to other AFS licensees, but with relief from some provisions of the Australian Corporations Act and the imposition of ...