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, […]
ReadmoreFMCG 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 […]
ReadmoreHealthEngine 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 […]
ReadmoreThe 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 […]
ReadmoreNew 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 […]
ReadmoreCOVID-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 […]
ReadmoreFMCG 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, […]
ReadmoreWhy 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 […]
ReadmoreBrexit – 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 […]
ReadmoreGovernment 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 […]
ReadmoreFMCG 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] […]
ReadmoreDigital 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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