Recent Blogs

Earlier this year, South Australia joined all other mainland Australian states in allowing the commercial cultivation and transportation of Genetically Modified (GM) crops.  With the exception of Kangaroo Island, no individual South Australian areas will remain GM-free from November 2020, despite 11 applications for such designations being made. Introduction of moratorium Under the Genetically Modified Crops […]

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The significant financial penalty incurred by HealthEngine in the Federal Court functions as a timely reminder to businesses that breaches of privacy may lead to the Australian Competition and Consumer Commission (ACCC) pursuing enforcement action under the Australian Consumer Law (ACL). Recent proceedings in the Federal Court brought by the ACCC revealed that HealthEngine, an […]

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IP Australia has announced changes to its official fees, commencing from 12am on 1 October 2020.  This includes increases to trade mark, design, patent and plant breeder’s right fees, in order to recover its costs of administering these intellectual property rights. For trade mark applicants, the most notable changes to trade mark fees are as […]

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In a previous blog, we wrote about the High Court of Australia’s finding in the defamation action brought by Milorad Trkulja against Google Inc. that Google search results had the capacity to be defamatory.  So we were interested to learn of the Supreme Court of Victoria’s decision in Defteros v Google LLC [2020] VSC 219, […]

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In light of the current COVID-19 pandemic, the Therapeutic Goods Administration (TGA), which regulates medicines and medical devices (including items such as face masks), has issued (limited) exemptions in relation to medical devices that are, generally, subject to numerous requirements, including applying for their inclusion in the Australian Register of Therapeutic Goods (the Register) before […]

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A surprisingly regular case that arises in trade mark disputes is where competing marks share the same prefix or suffix.  Think SONOVUE v SONOVIST, MOO v MOOVE, TIVO v Vivo. The recent Federal Court decision Dr August Wolff GMBH & Co. KG Arzneimittel (Dr Wolff) v Combe International Ltd (Combe)[1] is one of these classic […]

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In this blog we review a decision highlighting that online marketplaces may be vulnerable to legal risks if their vendors or third parties breach the IP rights of others. On 15 March 2019, the Federal Court of Australia delivered its decision in the copyright, trade mark and consumer law proceedings brought in September 2015 by […]

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What is changing? Section 51(3) of the Competition and Consumer Act 2010 (Cth) (the CCA) contains a nearly 45 year old exception that exempted certain intellectual property (IP) rights from anti-competitive and cartel conduct provisions. On 13 September 2019, the repeal of section 51(3) will take effect. It will apply to all contracts and arrangements […]

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The Federal Court decision in Trident Seafoods Corporation v Trident Foods Pty Limited [2019] FCAFC 100 provides welcome leeway with respect to intellectual property structuring arrangements. The problem Within corporate groups, it is not uncommon for trade marks and other intellectual property to be registered in a company separate to the company or companies that […]

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Eva Lu, Associate at Thomson Geer, provides a summary of the privacy and data related recommendations from the ACCC’s Digital Platform Inquiry Preliminary Report. The Australian Competition and Consumer Commission (ACCC) Preliminary Report on the Digital Platforms Inquiry (Report) contains 11 preliminary recommendations and nine areas for further analysis. Part 1 of this two part […]

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