Legal Updates »

• Non-court patent enforcement strategies: recent recommendations to the Australian Government

  04 Mar 2010 | For some years, patentees have been expressing concerns about the costs and difficulties associated with enforcing patents in Australia. In 2006, the Australian Government requested that ACIP conduct an inquiry into, and report on, issues relating to post grant patent enforcement strategies. After an extensive review period and consultation with relevant stakeholders, ACIP issued its final report to the Australian Government in January 2010. The government is currently considering its response to the report.

• What a relief… a commonsense approach adopted in a construction dispute

  04 Mar 2010 | To the relief of all involved in the construction industry, the Victorian Court of Appeal has recently adopted a commonsense approach, guided by the legitimate expectations of ordinary business people in a recent construction dispute. On 7 October 2009, the Victorian Court of Appeal delivered its judgment in BMD Major Projects Pty Ltd v Victorian Urban Development Authority [2009] VSCA 221.

• Coordinated effects – a new trend?

  04 Mar 2010 | A number of commentators have claimed recently that a focus by the ACCC on coordinated effects represents a new trend in merger analysis. However, recent merger decisions identifying concerns with coordinated effects do not herald the application of a new theory of harm by the ACCC or an obvious tightening of the application of the merger guidelines. Nevertheless, a review of recent merger decisions does reveal a move by the ACCC to articulate more clearly the basis on which coordinated effects are said to arise.