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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Why creative people and organisations need terms and conditions

A recent Federal Court case shows why it’s important for creative people and organisations to develop standard terms and conditions that apply to their services. The case is Hardingham v RP Data Pty Limited [2019] FCA 2075.   Facts Briefly, the facts of the case were: Mr Hardingham is a professional photographer.  He is the […]

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Brexit – where to next for your IP Rights in the EU and UK?

After years of debate, tears and cheers, the UK’s Withdrawal Agreement Act 2020 received its Royal Assent on 23 January and as of 11pm on 31 January 2020, the UK officially left the EU after 47 years. The UK has now entered a transition period (Transition Period) until 31 December 2020 (Exit Day), where EU […]

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Government response to Digital Platforms Inquiry released

Just in time for Christmas, the Government has publicly released its much anticipated response to the recommendations made under the Australian Competition and Consumer Commission’s (ACCC) final report into the Digital Platforms Inquiry on 26 July 2019. The ACCC’s broad reaching report made 23 recommendations in relation to competition law, consumer protection, media regulation, and […]

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FMCG Express | September Edition

Gadens has brought together a selection of articles from our top lawyers operating across the FMCG sector, to bring you the September edition of the FMCG Express. Covering recent stories such as the Kraft vs Bega dispute, the advertising campaign by Ad Standards and Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] […]

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Doing Business in Australia

The Australian Government welcomes foreign investment. With well-developed infrastructure, a stable political environment, robust economy and easy access to Asia Pacific, Australia is an ideal investment location for foreign companies looking to grow internationally. There are important considerations for foreign investors to make when deciding on how to enter the Australian market. Whether it’s the […]

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Digital platforms inquiry final report released – potentially far reaching privacy impacts for Australian businesses

  Key privacy related points The ACCC supports the introduction of much tougher penalties for privacy law breaches. A direct right of action (and class action) could be introduced for breach of the Privacy Act 1988 (Cth). The definition of consent could be amended to require express, opt-in consent. There are recommendations to bolster consumers’ […]

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If you have a website, read this: .au direct registration available soon

Second level .au domain names are expected to be available for registration from Q4 2019. Brand owners and current domain name registrants should all consider taking action to secure .au domain names, whether for direct use or for the purpose of preventing third parties from registering domain names that incorporate their brands. In this article, […]

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Intellectual property exception to competition law prohibitions to be removed. Time to review IP dealings for anti-competitive provisions.

Effective from 12 September 2019, the exception to the prohibitions on restrictive trade practices, contained in Part IV the Competition and Consumer Act 2010, for the conditional licensing and assignment of intellectual property will be removed. The impact from this will be that, effective from that date, all transactions involving IP will become subject to competition law prohibitions […]

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