‘A reasonable and commercial construction?’ Patent time extensions after Ono Pharmaceuticals

The Federal Court of Australia has ordered the Commissioner of Patents to grant Bristol Myer Squibb (BMS) a patent term extension (PTE) for cancer drug Opdivo until 2031, providing certainty to industry around Australia’s intellectual property regime. Background BMS and Ono Pharmaceutical sought judicial review by the Federal Court of Australia after the Australian Patents […]

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New wave of litigation expected to hit Australia’s eroding shoreline

Last week, the Federal Court of Australia embarked on what is predicted to be a landmark decision, in the matter of AGL v Greenpeace Australia Pacific (Greenpeace). The case involves allegations by AGL that Greenpeace infringed its trademark rights and copyright when it featured AGL’s logo in a recent ad campaign, designed to pressure the […]

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FMCG Express | May 2021 Edition

2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]

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Kraft v Bega – Key intellectual property and contractual takeaways for transactions

Since our coverage of the Kraft vs. Bega battle in our September 2019 edition of FMCG Express, the battle between food giants Bega and Kraft made it all the way to the High Court of Australia! The High Court recently refused special leave to appeal by Kraft, ultimately ruling in favour of Bega and upholding […]

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High Court adopts Exhaustion Doctrine for patent products, jettisoning the ‘implied licence doctrine’ in Australia

On 12 November 2020 the High Court delivered its much anticipated decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA (Calidad v Seiko). This decision is about patent rights and the extent to which they apply following the first sale of patented goods to a purchaser. When a patented product is first sold, […]

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Doing Business in Australia

The revised 2020 edition of Gadens’ Doing Business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, and practical advice on how to go about setting up and doing business in Australia. The Australian Government welcomes foreign investment. With well-developed infrastructure, a stable political environment, a robust, […]

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FMCG Express | October Edition

2020 continues to be an interesting year with COVID-19 still impacting our lives and businesses, although we are cautiously optimistic that we may be turning a corner here in Australia. In this edition of FMCG Express, we bring you some useful COVID-19 reading as we grapple with the ongoing effects of the pandemic and look […]

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HealthEngine decision: understanding the overlap between privacy and consumer laws

We have seen a recent overseas trend by EU and US based competition regulators to address privacy related matters within a broader competition context. This is not something we have seen occurring in Australia to any great extent although the recent introduction of the Consumer Data Right has seen both the Office of the Australian […]

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The Singapore Convention Has Now Entered Into Force

Purpose One of the major roadblocks for parties contemplating mediation of cross-border commercial disputes has been the uncertainty, cost and/or delay in enforcing a breach of a term of mediated settlement agreement. This has often resulted in parties to a commercial cross-border dispute resorting to court/curial focused litigation or indeed foreign arbitral proceedings which are […]

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New Trade Promotions Regulation in NSW

New South Wales has introduced a new regulation governing trade promotions. Here’s how it will affect you. The new Regulation As noted in our recent update, the Community Gaming Regulation 2020 (NSW) took effect on 1 July 2020. While the NSW government had consulted with stakeholders on a draft of the Regulation, significant changes were […]

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COVID-19 | The COVID-19 pivot – avoiding the trade mark pitfalls

The COVID-19 pandemic has changed several aspects of life, including how many businesses operate. It is no longer unusual to see cafés selling condiments and expanding to home delivery and catering. Restaurants are selling groceries and delivering meal tool kits; everyday household items can be purchased from fast food chains; and live event stage designers […]

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FMCG Express | April Edition

It has been a tumultuous start to 2020, with the devastating droughts and bushfire season, followed by the COVID-19 pandemic. Australian businesses have been faced with unprecedented challenges, and the impact on the FMCG, retail and hospitality sectors has been profound. While some areas of the FMCG sector are on the up, others are struggling, […]

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