News
Turbocharging the Commonwealth’s fiscal powers: High Court expands excise power to include taxes on the consumption of goods
On Wednesday 18 October, the High Court of Australia handed down its long-awaited decision in Vanderstock v State of Victoria [2023] HCA 30 (Vanderstock). By a 4:3 majority, the Court ruled that …
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Police officers’ duties of care at protests
In Cullen v State of New South Wales [2023] NSWSC 653, the Supreme Court of New South Wales awarded $800,000 to a bystander at a rally who suffered a significant head injury …
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ESG Litigation Series: More than simply a box-ticking exercise – the ESG litigation risk involved in the making of net-zero statements and targets
As companies rapidly transition en masse towards sustainability, the need to demonstrate environmental, social and governance (ESG) performance has led to the recent proliferation of ‘climate-related claims’ in the form of publicised …
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Changes to trade mark opposition practice on extensions of time in opposition proceedings
With effect from 31 July 2023, IP Australia published an Official Notice on the interpretation of the “prompt and diligent” ground for extension of time (EOT) for filing evidence in opposition proceedings. …
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New WA State Government Intellectual Property Policy – what does it mean for employees who are inventors?
In May 2023, the Western Australian government published a policy aimed at encouraging innovation within the public sector and unlocking opportunities for commercialisation. The policy recognises the value of intellectual property as …
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Coca-Cola’s virtual goods and opposing trade mark applications for use in the metaverse
In the World Intellectual Property Organisation’s magazine published in March 2022, an article entitled “trademarks in the metaverse (written by Kathryn Park of Strategic Trademark Initiatives) describes the metaverse as, “a virtual …
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The HeLa cells controversy: settlement of unjust enrichment litigation
Last week, the living relatives of Henrietta Lacks reached a settlement in the litigation with the biotechnology company, Thermo Fisher Scientific. The proceedings, commenced in the District Court of Baltimore, centred on …
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Politicians and their trade marks: a brief look at Clive Palmer’s and Donald Trump’s problematic Australian trade mark registrations
This article looks at two Australian trade mark registrations, one for “CLIVE PALMER” (owned by Mr Palmer’s company Minerology Pty Ltd) and one for “TRUMP” owned by Donald J Trump). Mining magnate, …
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Die Hard and John MacLane’s destiny – how movie titles function as trade marks
It is not really Christmas, until Hans Gruber falls from Nakatomi Plaza, and that festive sentiment seems to have led to this pending Australian trade mark application for “A Very Die Hard …
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Trade marks and NFTs – what luxury brands have learned from “MetaBirkin”
World famous car manufacturer Ferrari has filed a series of Australian trade mark applications for, amongst other things, virtual goods. Here is a partial extract of one of these, featuring Ferrari’s highly …
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