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In tossing Made In Australia case, court clarifies ‘substantial transformation’ test
Competition & Consumer Protection 2018-12-03 8:49 pm By Miklos Bolza

A court has ruled that Chinese vitamin company Nature’s Care cannot sell its imported fish oil and vitamin D with the ‘Made in Australia’ logo because the product fails to meet the required country-of-origin labelling provisions.

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Merck Sharp & Dohme attacks Wyeth’s ‘broad’ patent claims for Prevnar 13 vaccine
Intellectual Property 2018-12-03 8:24 pm By Miklos Bolza

A showdown between global pharmaceutical giants over the world’s best selling vaccine began Monday in Federal Court, with Merck Sharp & Dohme claiming three patents for Prevnar 13 sold by Pfizer’s Wyeth are invalid and that its own vaccine offers greater protection against pneumococcal bacteria.

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Landmark to pay $1M in ACCC case over barley claims
Competition & Consumer Protection 2018-12-03 1:48 pm By Christine Caulfield

Grain supplier Seednet has agreed to pay $1 million to settle an enforcement action by the consumer watchdog alleging it misled farmers about the performance of its latest barley variety.

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Shareholder cases account for 50% of new class actions, report says
Class Actions 2018-11-30 10:50 pm By Christine Caulfield

Shareholder cases made up half of all class actions filed in the past two years, and are to blame for an “unprecedented spike” in class actions, according to a new report by a leading defence law firm.

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Allianz policy exclusion dooms United Petroleum unit’s fire damage claim
Insurance 2018-11-30 10:38 pm By Cat Fredenburgh

A Queensland ethanol refinery, owned by United Petroleum, has lost a dispute with its insurer Allianz Australia over coverage for damage resulting from a 2016 fire.

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MacMahon shareholders to get 36% of $6.7M class action settlement
Energy & Natural Resources 2018-11-30 10:13 pm By Christine Caulfield

Shareholders who registered for a class action against mining company MacMahon Holdings will get a $2.4 million cut of a proposed $6.7 million settlement, according to a notice sent to group members ahead of next week’s settlement approval hearing.

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Judge blocks Domain redirect in REA trade mark battle
Intellectual Property 2018-11-30 9:57 pm By Christine Caulfield

Real estate advertiser REA Group has won an emergency injunction against Domain that blocks its rival from authorising the owner of the US website realestate.com to redirect Australian traffic to Domain.

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Black Saturday payout report shows class actions working, expert says
Analysis 2018-11-29 11:43 pm By Christine Caulfield

A lingering dispute with the tax office remains, but the distribution of the record $795 million Black Saturday class actions settlement is substantially complete, according to a report out this week, and the proceedings, by the measure of at least one expert, show why the class action system in Australia is working.

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IP exemptions to competition laws to be removed
Expert Insights 2018-11-29 9:04 pm By Cat Fredenburgh

IP owners need to consider the key or core licensing arrangements over the next six months and consider the competition law implications of conditions/restrictions in these licences, say Ayman Guirguis and David Howarth of K&L Gates.

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Online property giant REA sues Domain for referral deal with realestate.com
Intellectual Property 2018-11-29 2:52 pm By Christine Caulfield

Online real estate giant REA Group is suing competitor Domain Group over a referral arrangement with the US-based owner of the web address realestate.com, saying the deal amounts to trade mark infringement and misleading and deceptive conduct.

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