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The EU Copyright Directive – still more questions than answers
Insight 18 Apr 2019

Last October, we reported on the European Parliament's vote to adopt changes to the Directive on Copyright in the Digital Single Market. The final form of the Directive was approved in March, and on 15 April, the Council of the European Union gave the Directive the green light. This means Member Sta ...

EU leads the way with counterfeit crackdown
Insight 19 Dec 2018

The European Commission has recently established the world's first counterfeit and piracy watch list, which aims to crack down on counterfeiting and piracy both within the European Union and in external suspect markets. Partner Tim Golder and Vacation Clerk Scott Sidley report. ...

Global trade mark update
Insight 25 Jun 2019

There have been significant, and proposed, trade mark law developments across the globe which are likely to inform trade mark portfolio strategy. ...

Fish food feuds and authorised trade mark use – Trident Seafoods v Trident Foods
Insight 28 Aug 2019

The ongoing fish food feud between Trident Foods Pty Ltd (Trident) and Trident Seafood Corporation (TSC) continues. ...

A pattern of infringement
Insight 28 Feb 2019

The recent decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 on what constitutes the reproduction of a substantial part of a copyright work offers a timely reminder for Australian textile merchants on how best to thread the needle when purchasing designs from third-party manu ...

ACCC's good result in bad faith claim
Insight 28 Feb 2019

The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...

BetEasy raises the stakes in brand war with Sportsbet
Insight 19 Dec 2018

BetEasy raises the stakes in brand war with Sportsbet In a continuing legal battle over wagering brand names. CrownBet, now known as BetEasy, is seeking cancellation of the SPORTSBET trade mark on the same grounds Sportsbet used to successfully oppose its rebranding. ...

Fairfax says it's the BOSS
Insight 19 Dec 2018

Network 10 has recently undergone a rebrand, with new channel names and logos. However, this was not without controversy, after Fairfax Media raised concerns about potential trade mark infringement. ...

'Best method' a heavy burden for patentees
Insight 28 Feb 2019

Despite a global trend away from requiring patentees to disclose the best method of performing their invention, Australia continues to impose an arguably obsolete, yet increasingly onerous, statutory best method requirement. ...

Strengthening protection of Indigenous Culture and Intellectual Property
Insight 28 Aug 2019

Recent attention surrounding use of the Aboriginal flag, and the ACCC's limited success against Birubi Art, highlight the importance of strengthening protection of Indigenous Culture and Intellectual Property. ...

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