It is entirely possible that the first effective SARS-CoV-2 vaccine is developed in Australia, with an Australian firm securing patent rights to the vaccine. If that occurs, it is important to remember that a patent is not an impenetrable fortress. Patent laws already contain mechanisms to enable “special access” to patented pharmaceuticals and other technologies, including (perhaps especially) in times like this, say James Neil and Richard Hoad of Clayton Utz.
The shocking revelations about the complaints of sexual harassment of young female associates working for Justice Dyson Heydon in his years on the High Court have prompted many reactions and a collective sharing by women across the profession about their own personal experiences. These stories have been incredibly powerful and are a clear call to arms for significant and lasting change. Chief Justice Susan Kiefel set the tone by committing to the adoption of all recommendations of the investigator, but the reforms should not stop there, says Professor Andrew Lynch, the Head of School and Deputy Dean at UNSW Law.
While some judges have suggested a deed of company arrangement can be terminated at the comparatively low threshold that a liquidator may be “potentially” successful in litigating a claim, this is clearly not the test after a recent Full Federal Court ruling that affirms the high standard to be met by any challenge to a DOCA, where the deed compromises a commercial dispute, writes Baker McKenzies’ David Walter, Maria O’Brien and Ian Innes.
Much of the criticism of the ligitaion funding industry being played out in the media recently is based on misinformation, says Andrew Saker of Omni Bridgeway.
Seismic changes are set to lead to fundamental changes in the economic feasibility and incentives of the various stakeholders involved. The option to charge contingency fees on class actions will provide the commercial imperative for adopting tried and tested advanced technologies and working practices on class action matters, says James Moeskops of Sky Discovery.
In its recent decision, the Federal Court has confirmed that schemes are not patentable merely because they are “new and ingenious” and are implemented using a computer. While the door is not completely closed on computer implemented schemes, the patentability threshold will never be passed unless there is some innovation in the computer technology, says Jane Owen and Rebecca Currey of Bird & Bird.
The Federal Court’s, albeit not total, approval of common fund orders, the impacts of the COVID-19 pandemic and the likely approval of contingency fees in Victoria mean that, more than ever, litigation funders and plaintiff law firms will be on the lookout for class actions, says Alex Haslam of Gilchrist Connell.
From a hand sanitiser called Covidfighter to delivery services branded The Quarantine Concierge, the coronavirus pandemic has led to numerous trade mark applications to IP Australia seeking to capitalise on the outbreak. And while some applications will be expensive failures, others have good prospects for success, say Spruson & Ferguson’s Blake Knowles and Rhiannan Solomon.
As the world fights the COVID-19 pandemic IP offices around the world, like IP Australia, are accommodating the current reality. As with courts and other governmental institutions, these offices have adopted measures such as relaxing statutory deadlines and handling matters in accordance with social distancing practices. But there are several important points to observe in terms of engaging with IP Australia during this time, writes Gilbert + Tobin’s Lisa Lennon, John Lee, Chris Williams, Mindaugas Skavronskas and Sidney Kung.
While these unprecedented and challenging times are placing profound pressure on the operations and financial position of businesses, it’s important to remember that companies are not exempt from complying with the competition and consumer laws. King & Wood Mallesons’ Peta Stevenson, Caroline Coop, Lisa Huett and Simon Cook give companies a guide to navigating unexpected challenges when dealing with competitors, consumers and other parties during the COVID-19 health crisis.