Tag Archives: Gadens Lawyers

Australian Full Federal Court rules on rights of an exclusive licensee

New idea concept. Man holding a good idea.A recent decision of the Full Federal Court of Australia (Bristol Myers Squibb Company v Apotex Pty Ltd [2015] FCAFC 2) has resolved uncertainty about the requirements for an exclusive licence of a patented invention.

Legislation

The Patents Act 1990 (Cth) provides that an exclusive licensee holds a licence from the patentee to exploit the patented invention, in the patent area, to the exclusion of the patentee and all others. The Act defines “licence” as a licence to exploit, or to authorise the exploitation of, a patented invention.

The Act also provides that an exclusive licensee has standing to commence patent infringement proceedings, in addition to the patentee.

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Who’s afraid of the TPP? Quite a few, it seems.

Originally published by Lloyd’s List Australia – 28 May 2015

While there has been recent and (almost) unanimous approval for our North Asian “trifecta” of FTAs, that chorus of approval has not quite carried over into the conversations regarding the proposed Trans – Pacific Partnership Agreement (TPPA).

Notwithstanding the absence of a completed text, there has been a significant level of speculation as to what is supposed to be in the TPPA.  Most of that speculation has been as to potentially adverse consequences.  Some of the speculation has been based on alleged text leaked by Wikileaks and has included commentary on topics such as threats to the future availability of generic drugs, the evils inherent in an Investor State Dispute Resolution (ISDS) provision and the possibility that the TPPA would relax border biosecurity measures to allow the import of North American beef which is currently the subject of bans due to the fear that the cattle will be infected with “mad cow disease” which could decimate the Australian industry.  More…

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Gadens’ view of the Federal Budget 2015-2016

Following the political nightmare flowing from last year’s Budget, the Government promised us “no surprises” and a Budget that would be a tame and boring affair.

Whilst this may hold true politically, the Government has introduced a range of measures with a new determination, and draft legislation seldom previously developed in advance of the policy announcement.

These new measures will affect a broad range of businesses large and small, domestic and foreign. More…

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More from “dumped and confused” from Melbourne

Many of you would have seen my recent article entitled “Dumped and Confused” on the significant (and rapid) changes to the anti-dumping and countervailing regime here and overseas.  Hopefully, the title did not deter you from its content and some of you may even have read the article.

Subsequently there continues to be important developments which are discussed below. In addition to the commentary below, these issues are also the subject of my presentations to the CBFCA Regional CPD events in Sydney, Brisbane and Melbourne through May and June 2015. More…

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Budget 2015 – Paradise by the FTA dashboard light

Dear Subscribers to the Gadens International Trade and Customs Updates

Well, Budget night for 2015 has passed and I have had the extreme honour of watching details of the Budget being revealed to all.  As you are all keen students of the political process and directly interested in many of the outcomes I thought that I would provide the following summary of the highlights as they affect those in the International Trade and Customs industry. More…

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PPSA – these times they are changing

The final review of the Personal Property Securities Act 2009 (PPSA) was released by the Attorney General on 18 March 2015. The report makes 394 recommendations for the Senate to consider, the dominant theme being that substantial reform must be undertaken for the PPSA to achieve its original goals of providing more certain, consistent, simpler and cheaper arrangements for personal property securities.

Ostensible ownership

The most notable consequence from the initiation of the PPSA is that ownership of an asset may no longer be sufficient to protect a party in a priority dispute. Since the PPSA’s inception, the majority of case law has been developed in relation to this issue. More…

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Assessment of Australia’s AML/CTF regime by FATF

The Financial Action Task Force (FATF) (an inter-governmental body which sets standards for addressing money laundering and terrorism financing) recently handed down its Mutual Evaluation Report on Australia’s AML/CTF regime.  The last report was completed in 2005, and Australia’s AML/CTF regime has changed significantly since then.

While the report was generally positive, FATF identified a number of areas which could be improved.  More…

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Privacy Commissioner determines Telstra should cough up customer’s metadata

In a determination released on 4 May 20151 the Privacy Commissioner has ordered Telstra to provide Ben Grubb, a Telstra customer and Fairfax reporter, with access to certain metadata it holds about Mr Grubb on the basis that Mr Grubb’s identity could “reasonably be ascertained” by Telstra from that information. This determination has far-reaching implications for businesses and government bodies holding data related to an individual, even if that data does not directly identify the individual.

KEY POINTS FOR ORGANISATIONS

  • The Privacy Commissioner has found that certain metadata, including IP addresses, URLs of websites visited and mobile phone location data held by Telstra constitutes “personal information” under the Privacy Act.
  • Even though the metadata did not directly identify any individual, the Commissioner considered it personal information on the basis that the identity of an individual could “reasonably be ascertained” by Telstra, by Telstra cross-checking multiple databases and system information that it can access.
  • Organisations subject to the Privacy Act should be aware that, where information held by the organisation does not directly identify an individual, that information may still be caught by the Australian Privacy Principles where the individual’s identity can reasonably be ascertained by the business, even if considerable effort is required to actually identify the individual. More…
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Dumped and confused? There are very real risks associated with dealing with goods subject to dumping and countervailing measures

Originally published by Lloyds List Newspaper  – 30 April 2015

As the numbers and size of dumping and countervailing measures have increased here and overseas so has the importance of the expertise to identify and manage the risks associated with those measures. That expertise needs to be held by exporters, importers and their service providers such as freight forwarders and licensed custom brokers as each of them face significant liabilities from transacting with goods subject to the measures. Unfortunately, at the same time that as those liabilities and risks increase, so does the pressure to avoid those measures. There is ample evidence both here and overseas of successful prosecutions of parties who have taken deliberate fraudulent steps to avoid measures.

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The CBFCA and Gadens TCO roadshow report. For once, we discuss what goes on, on tour!

Following feedback from members late in 2014 and early in 2015 after Member Forums conducted by Gadens and in response to other comments by members and their clients, the CBFCA convened an “eastern states” roadshow focussed on issues relating to the grant, retention and revocation of Tariff Concession Orders (TCO).

The roadshow did not reach WA or SA but will form part of the content to be delivered at the CBFCA regional CPD Events. More…

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