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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172 Results
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IP @ Ashurst
21 Sep 2021 The return of Ampol but you might notice some changes during your next pit stop: StarCard no longer accepted here but red canopies are allowed to stay
Authors: Helen Wei, Graduate; Maria Sun, Senior Associate; and Anita Cade, Partner
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IP @ Ashurst
21 Sep 2021 Video company fails to claim copyright over aerial drone footage commissioned under oral agreement
Whitsunday Aerial Solutions Professionals Pty Ltd v Emprja Pty Ltd [2021] FCCA 1548 highlights the importance of written contracts when commissioning video…
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IP @ Ashurst
21 Sep 2021 Lorna Jane's athleisure the cure for the spread of COVID-19? The ACCC doesn't think so
Australian Competition and Consumer Commission v Lorna Jane Pty Ltd [2021] FCA 852: Lorna Jane fined $5 million for making representations that its activewear…
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IP @ Ashurst
21 Sep 2021 Seven Network loses its 7NOW trade mark, for now
Seven Network (Operations) Limited v 7 Eleven Inc [2021] ATMO 58: 7-Eleven was successful in having Seven Network's 7NOW mark removed on the ground of non-use…
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IP @ Ashurst
21 Sep 2021 Ariosa not in harmony with the Federal Court on patentability
Ariosa Diagnostics, Inc v Sequenom. Inc [2021] FCAFC 101: Non-invasive method of detection of foetal DNA confirmed to be patentable, whilst receiving results…
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IP @ Ashurst
21 Sep 2021 Federal Court rejects the Patent Office's "absurd" and "unreasonable" interpretation of patent term extension requirements
Ono Pharmaceutical Co, Ltd v Commissioner of Patents [2021] FCA 643 clarifies the criteria for obtaining an extension of time for patents to pharmaceutical…
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IP @ Ashurst
21 Sep 2021 Improving access to patents for business
The Australian Government's Patents Accessibility Review has made 16 recommendations to improve SMEs use of the IP system.
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Food Law Update - Australia
31 Aug 2021 Don't go bacon my heart: Australia's favourite bacon put to the test
What you need to doThe Ad Standards Community Panel found that using the phrase "Australia's Favourite" with depictions of an Australian map did not…
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Food Law Update - Australia
31 Aug 2021 A Patent for Stevia: It's Oh So Sweet
Stevia has become a popular zero calorie sweetener as a naturally occurring alternative to sugar, particularly since 2008. An Australian patent application…
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Food Law Update - Australia
31 Aug 2021 Food Law Bite: Grape Co penalised for misrepresenting estate of origin
Authors: Will Scott, Senior Associate; and Anita Cade, Partner
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Food Law Update - Australia
31 Aug 2021 Pulp Friction: Australian fruit growers crushed by Health Star Rating changes
In November 2020, changes were made to the calculation of health star ratings (HSRs) for non-dairy beverages. These changes penalise non-dairy beverages for…
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Food Law Update - Australia
31 Aug 2021 New innovative food products not permitted for use? Keep calm and amend the Food Code
Guidance on the process to amend the Australia New Zealand Food Standards Code, including to allow the use of a new ingredient, food additive, processing aid,…
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Food Law Update - Australia
31 Aug 2021 New plain English allergen labelling requirements ap"peal"
The Australia New Zealand Food Standards Code was amended earlier this year to introduce new requirements for the labelling of allergens in food. The changes…
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IP @ Ashurst
22 Jun 2021 Google's win over Oracle: unlicensed use of code considered fair use
Google LLC v. Oracle America, Inc 593 US :The United States Supreme Court rules that Google's use of 11,500 lines of code from Oracle's java program was not…
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IP @ Ashurst
22 Jun 2021 Nobody Puts Trade Marks in the Corner: The Boundaries of Trade Mark Protection for Commonly Used Words
Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2) [2021] FCA 328: This case concerned a dispute between two live music venues over their CORNER trade…
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IP @ Ashurst
22 Jun 2021 Clive Palmer's 'twisted' tale – fair dealing & additional damages in copyright infringement
Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434: A recent copyright infringement decision of Federal Court considered a rarely used fair…
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IP @ Ashurst
21 Jun 2021 No saving grace period: patents invalidated by inventor's disclosures in connection with public trials
In Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd [2021] FCAFC 65, the Full Court narrowly construed the grace period for the…
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IP @ Ashurst
21 Jun 2021 Ad Standards on the hunt for influencers
Advertising Standards Case number: 0055-21 - Influencer Anna Heinrich Instagram post found to have breached new Ad Standards Code of Ethics for failing to…
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IP @ Ashurst
21 Jun 2021 An Australian first: Key Logic on appealing from the Designs Office
Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208 (12 March 2021). Justice Greenwood held a design for solar bollards was new and distinctive,…
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IP @ Ashurst
31 Mar 2021 Australian Fearless Girl statue stands up to challenge from the US
State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 2) [2021] FCA 137: State Street, the US finance company that commissioned the…
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