The Federal Government is currently implementing a three-stage reform program to update the therapeutic goods regulatory framework in Australia. This legal update provides an overview of the amendments to the Therapeutic Goods Act 1989 and how they will have significant consequences for the pharmaceutical industry, particularly in relation to penalties for providing false or misleading patent certificates and stricter advertising regulations … [Read more...] about Therapeutic Goods Regulatory Reforms target false and misleading industry practices – August 2009
Legal Updates
Patent Update: Innovation Patents Provide Protections Against Imitators – August 2009
The innovation patent system became part of the Australian patent framework in 2001 and was aimed at stimulating small and medium business innovation by providing a quick, efficient and cost effective means of obtaining protection for new or improved products, methods or processes. This legal update examines the Dura-Post Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81 decision which defined the threshold test that must be established for a valid … [Read more...] about Patent Update: Innovation Patents Provide Protections Against Imitators – August 2009
Commercial Franchising in China – May 2009
China remains an increasingly important market for Australian companies considering international business expansion, whether through franchising, licencing, setting up foreign investment enterprises or other business structures. Amongst these market entry options, franchising enables rapid market expansion and penetrates using a combination of intellectual property of the franchisor and the capital and enthusiasm of a network of franchisees. … [Read more...] about Commercial Franchising in China – May 2009
Protecting Your Business Interests – Update December 2008
Confidentiality agreements and restraint of trade clauses are commonly used to prevent former employees or franchisees from engaging in activities that compete with business, including franchises. Recent decisions have indicated that inadequate confidentiality agreements and unreasonable restraint of trade clauses in employment contracts or franchise agreements, may fail to adequately protect legitimate business interests. In this update Stephens … [Read more...] about Protecting Your Business Interests – Update December 2008
Recent Developments in Trade Practices – January 2008
Recent high profile cases initiated by the ACCC have demonstrated the importance and value of businesses maintaining an effective trade practices compliance program. The promotion of a culture of compliance within the business is also essential for reducing the damage of a potential trade practices breach. In this update Stephens Lawyers & Consultants provides an overview of recent trade practices decisions and provides summaries on … [Read more...] about Recent Developments in Trade Practices – January 2008