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ACCC commences proceedings against Harvey Norman franchisees for allegedly misrepresenting consumer rights

Davies Collison Cave
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Australia
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December 10 2012

The Australian Competition and Consumer Commission (ACCC) has recently commenced proceedings against 11 Harvey Norman franchisees for allegedly misrepresenting consumer rights under the Australian Consumer Law

Australia releases draft bill to allow compulsory licences of patented pharmaceutical products to alleviate health crises

Davies Collison Cave
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Australia
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September 20 2012

In March, 2011 the Australian Government announced that it would introduce legislation to implement the Doha Declaration in relation to TRIPS and public health

Fix your warranty documentation before 30 September 2012

Davies Collison Cave
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Australia
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September 4 2012

The ACCC has issued the following statement reminding those giving express warranties against defects in goods sold for less than A$40k or ordinarily acquired for personal, domestic or household use or consumption, that those warranties must comply with the Australian Consumer Law (ACL) by the end of September

Productivity Commission: is the compulsory patent licensing system working?

Davies Collison Cave
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Australia
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August 16 2012

On 9 August 2012, the Productivity Commission released an Issues Paper outlining the scope of its inquiry into the compulsory licensing provisions of the Patents Act 1990 (Cth) and calling for submissions from interested parties

Copyright infringement in house plans: when will inferences be drawn about similar features?

Davies Collison Cave
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Australia
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March 27 2012

As a general proposition, people do not commence legal proceedings lightly

Symbion undone by Full Court's "ordinary person" approach to comparison of trade marks

Davies Collison Cave
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Australia
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January 10 2012

The Full Court of the Federal Court of Australia has overturned the trial Judge's decision in Symbion Pharmacy Services Pty Ltd v Idameneo (No 789), finding that an ordinary person would not form an impression that a trade mark used by radiology provider Idameneo 789 was, or was like, either of the “Symbion marks” used by pharmaceutical distributor Symbion Pharmaceutical Services Pty Ltd (SPS

Spotless manager faces $100k bill for breaching duties of fidelity, confidentiality

Davies Collison Cave
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Australia
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October 4 2011

Whilst clarity of thought often only comes with hindsight, there are occasions when one can only muse: "What were they thinking?"

The new Australian Consumer Law

Davies Collison Cave
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Australia
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June 21 2011

On 1 January, 2011 the consumer laws of the Commonwealth and the States and Territories were consolidated into a single national consumer law (“the Australian Consumer Law”

"Unfair" contract terms in consumer contracts to become unenforceable in Australia

Davies Collison Cave
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Australia
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September 13 2010

The Commonwealth Trade Practices Act 1974 is undergoing substantial amendment in order to introduce a National Consumer Law

University of Western Australia v Gray

Davies Collison Cave
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Australia
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June 24 2010

University of Western Australia v Gray has by now achieved "legend" status in the intellectual property arena in Australia

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