The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product

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The important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product, writes Duncan Longstaff and Roshan Evans of Shelston IP.

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ASIC dragged ‘kicking and screaming’ to produce docs, ex-Tennis Australia director says

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Former Tennis Australia director Harold Mitchell has told a court that the corporate regulator had to be dragged “kicking and screaming” to produce documents in its enforcement action over alleged breaches of directorial duties involving negotiations for the Australian Open broadcast rights.

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Judge puts brakes on early class closure bid in breast implant class action

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A judge has warned the parties in The Cosmetic Institute class action over allegedly botched breast implants to ensure group members’ rights are prioritised, following a push for an early class closure amid doctor-patient confidentiality concerns.

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Court approves $1.2M settlement in recycling plant fire class action

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The Supreme Court of Victoria has signed off on a $1.2 million settlement of a class action brought on behalf of hundreds of residents and businesses that allegedly suffered loss or injury in a 2017 fire at the Coolaroo recycling plant in Victoria.

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Toyota hit with class action over allegedly faulty diesel filters

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Car giant Toyota is facing a class action seeking compensation on behalf of around 250,000 vehicle owners who allegedly suffered loss from faulty diesel filters in the automaker’s Hilux, Fortuner and Prado diesel model cars.

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Qantas’ $60M acquisition of Alliance Airlines shares on ACCC’s radar

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Australian airline giant Qantas says it has no plans to decrease its 19.9 per cent stake in Alliance Airlines, after the competition watchdog expressed preliminary concerns the deal could substantially lessen competition.

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Regeneron loses opposition to Kymab’s patent for human rats

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US biotechnology firm Regeneron Pharmaceuticals has lost its opposition to a proposed patent by UK biopharmaceutical company Kymab for a method of producing an animal with part-human DNA.

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Super funds could pay dearly for employer gifts, ASIC warns

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The Australian Securities and Investments Commission has warned superannuation funds they face criminal penalties if they try to win over employers with tickets to sporting events or other gifts.

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ASIC ‘plucking numbers out of the air’ in penalty hearing for Vocation execs, court told

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Lawyers for former Vocation CEO Mark Hutchinson say the corporate regulator is “plucking numbers out of the air” in its bid to secure disqualifications of up to eight years against the former executives who breached their directors’ duties in relation to the collapsed education provider.

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