AI’s Ultron Moment – Johansson Takes on OpenAI Over Uncanny Voice Resemblance
You’ve heard of a lookalike, but have you heard of a soundalike? The Aural Uncanny Valley: it’s something that sounds the same as something else, but is just not quite right. New generative AI (gen-AI) tools have boldly gone where no human has gone before, using AI-generated voices to create song covers by your favourite […]
ReadmoreBe GLAD it’s not you! ACCC launches Federal Court greenwashing proceedings against Clorox Australia Pty Ltd
The Australian Competition and Consumer Commission (ACCC) recently announced that it has commenced Federal Court proceedings against the manufacturer of GLAD-branded kitchen and garbage bag products, Clorox Australia Pty Ltd (GLAD), for alleged false or misleading representations displayed on their products and packaging. This comes after the ACCC released guidance on environmental claims in December […]
ReadmoreThe Legal 500 Life Sciences Comparative Guide 2024 – Australia
The inaugural edition of the Legal 500 Life Sciences Comparative Guide examines the current challenges facing organisations operating in the life sciences sector within specific countries. Gadens Life Sciences sector experts – Kelly Griffiths, Dudley Kneller, Raisa Blanco and Clare Smith – have co-authored the Australian chapter for this global guide, providing insight into the […]
ReadmoreFMCG Express | March 2024 Edition
In this edition of FMCG Express we consider the regulatory landscape of AI, what to do when you receive a (potentially) defamatory online review, recent Fair Work Act changes (particularly how these changes affect casual workers), and we consider specifics around ESG reporting. Partner Breanna Davies and the Gadens team have prepared this edition to […]
ReadmoreFinder: ASIC to continue to pursue cases to clarify crypto regulation as the Federal Court finds that a crypto-asset is not a debenture
The Federal Court has handed down its second significant decision involving crypto assets this year. The judgment in ASIC v Finder Wallet Pty Ltd[1] (Finder) follows the recent decision in the BlockEarner case[2] and provides some further guidance for crypto-asset issuers attempting to navigate the present uncertainty around the intersection of digital assets and financial […]
ReadmoreBuy Now Pay Later: the shape of the new regulatory regime
Treasury has released the much anticipated draft legislation for the regulation of Buy Now Pay Later (BNPL) products and confirmed that BNPL providers should prepare to obtain a new or modified Australian Credit Licence and work through the impact of being regulated as credit providers on their businesses. Anti-avoidance protections promise to ensure there is […]
ReadmoreIP Australia to adopt Madrid Goods and Services List
In January of this year IP Australia announced that it will adopt the internationally recognised Madrid Goods and Services list (Madrid List). The Madrid List is expected to take over the existing Trade Mark Goods and Services list in March 2024. The change will bring IP Australia’s classification of goods and services for the purposes […]
ReadmoreThe Federal Court makes its order – Hungry Jack’s ‘Big Jack’ trade mark not deceptively similar to McDonald’s ‘Big Mac’
In a Federal Court judgment handed down in November, Justice Stephen Burley found that fast-food giants McDonald’s and Hungry Jack’s each had a measure of success in their dispute. The case relates to Hungry Jack’s BIG JACK and MEGA JACK burgers that Hungry Jacks began selling in early 2020, which McDonald’s alleged infringed its BIG […]
ReadmoreUnfair contract terms and your franchise agreement
As of 9 November 2023, changes to the unfair contract terms (UCT) regime have come into effect. Franchisors should be aware that unfair terms under the previous regime are void, while unfair terms under the new regime will be unlawful and significant penalties may apply (for companies, up to $50 million or even more). Unfair […]
ReadmoreThe deadline to update the Franchise Disclosure Register is 14 November 2023
Following the amendments to the Franchising Code of Conduct in 2021, the Franchise Disclosure Register (FDR) was established in November 2022. The FDR is administered by the Department of the Treasury and is accessible to the public, allowing prospective franchisees to access information about franchise opportunities. Purpose of the FDR The FDR aims to provide […]
ReadmoreWinner publication and notification requirements
The rules for publishing and notifying winners for a game of chance trade promotion differ in each state/territory in Australia. We’ve set out an easy-to-follow guide covering when, where and why. If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Sonja […]
ReadmoreConsumer gains – The regulation of sports supplement pills
Consumers of sports supplements stand to gain from increased oversight of sports supplements in medicinal dosage form through regulation of such supplements as therapeutic goods (ie medicines). The sports supplement industry has been regulated for some time now. For instance, oral sports supplements that contain certain high-risk substances, and claim to improve or maintain performance […]
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