61-70 of 297 results
Getting its priorities straight - ACCC's 2019 product safety priorities
Just in time for World Consumer Rights Day on 15 March 2019 the Australian Competition and Consumer Commission ACCC formally announced its 2019 Product Safety Priorities Partner Miriam Stiel and Senior Associate Julia Taylor explain which issues remain in the hot seat and whats new on the agenda ...
ACCC's good result in bad faith claim
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 ...
Monopolising foods using trade marks
Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
Beware the perils of false patent marking
Patent marking is a useful way of notifying the public and potential infringers that monopoly rights exist or are pending in a product. However, falsely marking a product as 'patented' or 'patent pending' is fraught with danger. ...
The importance of getting your entitlement ducks in a row
Ownership and inventorship disputes are a hot topic before the Australian Patent Office (the APO) in 2018. Earlier this year, we reported on the APO decision in Khoury v Sherrard Pty Ltd [2018] APO 20, which highlighted the need to carefully assess the contributions of all those involved in developi ...
A tender approach to genetic testing
The year has got off to a good start for innovators, with the Federal Court providing some assurance that methods of genetic testing continue to be patentable in Australia. But tender news for some can be a tough outcome for others. ...
ChatGPT in law: unlocking new opportunities while managing the risks
As legal professionals around the globe settle into another year of work, they have been confronted by a new existential threat from OpenAI's much discussed AI chatbot, ChatGPT. Many lawyers have been asking similar questions: will my job exist this time next year? How accurate is it at answering th ...
Italy targets Australian prosecco and Kraft parmesan cheese
Australia and the European Union (the EU) continue to negotiate a free trade agreement (FTA), including as to whether Australian businesses will be prevented from using over 200 food and beverage names. ...
Only Fools (Ltd) infringe the copyright that subsists in a character, says UK court
The Intellectual Property Enterprise Court in the UK recently determined that various entities infringed the copyright that subsisted in the character known as 'Del Boy' from the television show Only Fools and Horses. ...