Insights
Find the latest thinking from Ashurst - in-depth insights, new research, and original ideas from our specialists across the firm.
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183 Results
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ip @ ashurst
04 Jul 2022 Patent entitlement: the corrosive effect of failing to document the inventive process
Vector Corrosion Technologies Ltd v E-Chem Technologies Ltd (2022) 166 IPR 61: In a recent Federal Court decision, the issue of patent entitlement arose in…
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Ip @ ashurst
04 Jul 2022 A further lesson in drafting: settlement agreements
H. Lundbeck A/S v Sandoz Pty Ltd [2022] HCA 4: The High Court has held that the Full Court erred in its construction of a settlement clause. Properly…
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Ip @ Ashurst
04 Jul 2022 It's in the bag: Full Federal Court finds that neoprene tote bag is not protected by copyright
State of Escape Accessories Pty Limited v Schwartz [2022] FCAFC 63: Full Federal Court finds that State of Escape's neoprene tote bag is not a work of…
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IP @ Ashurst
04 Jul 2022 Federal Court dismisses appeal regarding "MALISHUS" use
Lamont v Malishus Limited (No 2) [2022] FCA 237: The Federal Court of Australia has dismissed an appeal from a decision of the Federal Circuit Court of…
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IP @ Ashurst
04 Jul 2022 A dud deal for consumers: Trivago ordered to pay $44.7 million for misleading users over hotel room rates
Authors: Anita Cade, Partner and Nick Perkins, Senior Associate
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Ip @ Ashurst
04 Jul 2022 Federal Court finds that XTRAK crosses the design infringement line
GME Pty Ltd v Uniden Australia Pty Ltd [2022] FCA 520: GME succeeded in its design infringement claim against Uniden in relation to a the design of a CB radio…
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ip @ ashurst
04 Jul 2022 A turn in the road for breaches of the Code: higher penalties for franchisors
The Franchising Code has been amended to introduce a new penalty regime resulting in significant increases to maximum penalties and new civil penalty…
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food law update - australia
01 Jun 2022 Would you like that with a side of gastro? FSANZ proposes new standards and practices to prevent foodborne illnesses
FSANZ is proposing new standards and protocols in the Food Standards Code for companies in the food service and retail sector in order to bolster prevention…
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food law update - australia
01 Jun 2022 Senate Committee report recommends beefing up labelling regulation of plant-based protein products
Authors: Anita Cade, Partner and Ray Cheng, Lawyer
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food law update - australia
01 Jun 2022 Sweet Addition: Labelling of added sugars
This article reviews FSANZ's proposal to amend the Australia New Zealand Food Standards Code, requiring added sugars to be included in the nutrition…
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food law update - australia
01 Jun 2022 Do wine calories count? FSANZ says yes
Food Standards ANZ is currently preparing a proposal that will require manufacturers to list the energy content of their alcoholic beverages on the label.
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food law update - australia
01 Jun 2022 Feeling the heat: KFC's cricket season advertisements did not target children according to Ad Standards Australia
The Ad Standards Community Panel considered complaints made against KFC's Buckethead campaign during the Big Bash League and found that the advertisements did…
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food law update - australia
01 Jun 2022 Manuka Honey - No end to the sticky situation
An association of New Zealand honey producers have lost their bid to have "Manuka Honey" registered as a certification trade mark in the United Kingdom.
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food law update - australia
01 Jun 2022 No victory for Vittoria - VICTORIA COFFEE not sufficiently distinctive
Cantarella Bros Pty Ltd [2021] ATMO 144 (25 November 2021): Cantarella Bros unsuccessfully applied to register the composite trade mark VICTORIA COFFEE for…
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Ip @ Ashurst update
14 Apr 2022 The importance of 'human endeavour': Full Court decides that an AI system cannot be named as an "inventor" on a patent application
The Full Federal Court has clarified that Artificial Intelligence cannot be considered as an inventor under the Patents Act 1990 (Cth). This decision brings…
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IP @ ashurst
30 Mar 2022 How healthy are your advertising practices? - Updates to Therapeutic Goods Advertising Code to be aware of
Extensive changes to the Therapeutic Goods Advertising Code came into effect on 1 January 2022. There will be a 6 month transition period during which…
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IP @ Ashurst
30 Mar 2022 IP Bite: Designs law changes commence
Extensive changes to the Designs Act came into effect on 10 March including the introduction of a grace period. Changes to the Designs Regulations also…
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Ip @ Ashurst
30 Mar 2022 F45's patents not working out: Computer-implemented system for arranging exercise stations not fit enough to patent
F45 Training Pty Ltd v Body Fit Training Company Pty Ltd (No 2) [2022] FCA 96: F45 loses patent infringement case against BFT. Federal Court finds F45's…
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Ip @ Ashurst
30 Mar 2022 IP Bite: Employsure Google Ads case continues - ACCC seeks tougher penalty on misleading paid advertisements
The ACCC is appealing the $1 million penalty judgment ordered by the Federal Court against Employsure for making false representations on Google Ads…
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ip @ ashurst
30 Mar 2022 Orphans may find new homes: Proposed amendments to the Copyright Act
The Commonwealth Government has published an Exposure Draft of its Copyright Amendment (Access Reform) Bill 2021 (Cth) and an accompanying discussion paper…
