News & Insights 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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65 Results
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IP @ Ashurst
08 JUL 2019 Hellish outcome for marketplace website on IP infringement
A copyright and trade mark case involving Hells Angels insignia has held that a website operator can be liable for intellectual property infringements...
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IP @ Ashurst
08 JUL 2019 Franchisors in the firing line
The ACCC has had significant success in recent enforcement actions in relation to illegal conduct by franchisors, Ultra Tune Pty Ltd and Geowash Pty Ltd....
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IP @ Ashurst
08 JUL 2019 Safety first! TGA's new Action Plan for Medical Devices
On 4 April 2019, the Therapeutic Goods Administration released its "Action Plan for Medical Devices", and they will be consulting with the public and stakeholders...
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IP @ Ashurst
08 JUL 2019 A service or a product? The court looks closely at the intended use of a trade mark
The Full Federal Court overturns the grant of an application for trade mark registration of the mark DISCOVER DOWNUNDER, for failure by the applicants...
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IP @ Ashurst
08 JUL 2019 The Price of Copyright: ACCC releases Guidelines to help quantify Copyright Material
ACCC published new guidelines to assist the Copyright Tribunal in determining the reasonableness of copyright pricing terms relating to voluntary licences...
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IP @ Ashurst
08 JUL 2019 Sun continues to shine for generics on balance of convenience: Sun Pharma given green light to launch
This is the first pharmaceutical patent case in Australia to address whether an interlocutory injunction should be granted to prevent generic launch pending...
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IP @ Ashurst
08 JUL 2019 IP Bite: Federal Court orders $2.3 million penalty for counterfeit Aboriginal art
What you need to know The Federal Court has ordered that a pecuniary penalty of $2.3 million be paid for the sale of products falsely represented...
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IP @ Ashurst
08 JUL 2019 Viagogo's ticket sales a 'via-no-no'
Authors: Elizabeth Arms, Lawyer, Annika Barrett, Senior Expertise Lawyer and Kellech Smith, Partner.
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Food Law Update | Australia
29 MAY 2019 Pregnancy warning labels expected to become mandatory for packaged alcoholic beverages
We update you on the introduction of a mandatory labelling standard requiring pregnancy warnings for alcoholic beverages.
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Food Law Update | Australia
29 MAY 2019 How to get a fair piece of the pie and control the way the cookie crumbles - IP ownership considerations in food collaborations
We remind you of the factors to consider when considering co-branding and joint ownership of IP.
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Food Law Update | Australia
29 MAY 2019 Australian made, foreign ingredients and "the ever-present threat of burp-back"
In this edition of Food Law Update we discuss a recent Federal Court case in which a claim of a supplement product being "Australian made" was considered....
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Food Law Update | Australia
29 MAY 2019 Use it or lose it! The demise of the "BIG MAC" trade mark in the European Union
We discuss a recent European Intellectual Property Office's decision which resulted in McDonald's loss of a BIG MAC registration.
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Food Law Update | Australia
29 MAY 2019 Star Watch: Findings from the Health Star Rating System's Five Year Review
In this edition of Food Law Update we tell you about some of the proposed changes to the Health Star Rating system.
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Food Law Update | Australia
29 MAY 2019 How natural is "natural"? A look at misleading advertising with a hint of vanilla
In this edition of Food Law Update we highlight the risks with use of the word "natural" in light of a recent Advertising Standards decision.
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Food Law Update | Australia
29 MAY 2019 Finding a needle in a strawberry patch: Strawberry tampering sparks food recalls, recommendations and new laws
We draw your attention to the law changes arising from the strawberry tampering incidents in Australia from September 2018
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Food Law Update | Australia
29 MAY 2019 The Federal Court crunches down on Kraft's claim against Bega Cheese
In this edition of Food Law Update we point out the key aspects of Bega Cheese's success against Kraft in relation to the right to use particular peanut...
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IP @ Ashurst
31 MAR 2019 Federal Court revs up repair defence for design infringement
The Federal Court has handed down the first decision dealing with the scope of the repair defence under the Designs Act 2003 (Cth). The decision highlights...
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IP @ Ashurst
31 MAR 2019 Storm on the horizon: Online Pirates face rough seas ahead following amendments to the Copyright Act
New measures have been introduced to strengthen the existing website blocking scheme introduced in 2015 by allowing more pirate websites outside of Australia...
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IP @ Ashurst
31 MAR 2019 Court sheds light on false comparative advertising of "Sun Wizard" products
The Federal Court has found a distributor of solar bollards liable for copyright infringement and for contraventions of consumer law in relation to a form...
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IP @ Ashurst
31 MAR 2019 "Beefing" up your patent application - amendments through the courts
Cargill Inc and Branhaven LLC successfully amend patent application for method to identify commercially favourable traits in cattle in appeal before the...
