In this issue we we explore how textile merchants can weave in copyright protections when purchasing designs from third-parties; McDonald’s loses its iconic ‘BIG MAC’ trade mark in Europe; ‘best method’ goes from bad to worse for divisional patents; a deodorant standoff explores the meaning and use of ‘clinical strength’; New Zealand introduces a saving grace for inadvertent public disclosures; and the ACCC delivers the goods in its first two decisions on bad faith.

The recent decision of the NSW Land and Environment Court on Gloucester Resources’ proposed Rocky Hill Coal Project attracted significant press in the past week, primarily due to the court’s comments regarding climate change in the course of its ruling against the mine’s approval. Partners Ben Zillmann and Bill McCredie analyse the key features of the decision and its implications.

The Federal Government has released a consultation paper which takes action on Recommendation 4.8 of the Banking Royal Commission’s Final Report. If implemented, the handling and settlement of insurance claims will become a ‘financial service’ under the Corporations Act 2001 (Cth) and will be subject to oversight by the Australian Securities and Investments Commission (ASIC). Even with careful and staged implementation, such a change would likely cause disruption, and require insurers and service providers to review their services and compliance with the newly imposed obligations. Partner Simun Soljo and Lawyer Virginia Wang report.

Following close on the heels of the banking sector, Australia’s energy sector will soon be required to grapple with the implementation of the Consumer Data Right (CDR). The ACCC has commenced consultation on how the CDR may apply in the energy sector, and a CDR bill has been introduced to parliament which, if passed, would likely see the CDR apply to the energy sector by mid-2020. Given data’s central role in the energy sector, energy market participants should carefully consider what impact a CDR may have on their consumers, commercial arrangements, costs, data-sets, processes and policies in order to navigate the opportunities and threats presented by this change. Partner and Head of Innovation Anna Collyer, Associate Mark Leersnyder and Lawyer Sean Gilmartin report.

The 4th edition of the ASX Corporate Governance Principles and Recommendations focuses strongly on the link between culture, values and community expectations, consistent with the themes that emerged from the Royal Commission. Entities should start to take steps now to address the new and revised principles and recommendations. Partners Kate Towey, Robert Pick and Associate Isaac Wall report.

In Touch looks at what’s been happening in the Australian competition, consumer and regulatory world, and what it means for your business.

In Touch looks at what’s been happening in the Australian competition, consumer and regulatory world, and what it means for your business.

Welcome to our monthly snapshot of regulatory updates and other developments in corporate law. We know you are busy, so our focus is on capturing key issues.

Dealing effectively with the challenge of rapid technological change, from a competition law perspective, requires companies to think deeply and plan ahead, to work closely and collaboratively with regulators to better understand the dynamic nature of their business and any impacts on competition and consumers, and to approach the issues in a creative, pragmatic and technology-savvy way.

Just in time for World Consumer Rights Day on 15 March 2019, the Australian Competition and Consumer Commission (ACCC) formally announced its 2019 Product Safety Priorities. Partner Miriam Stiel and Senior Associate Julia Taylor explain which issues remain in the hot seat, and what’s new on the agenda.

After eight years of negotiation, Australia and Indonesia have signed a bilateral free trade agreement that both reduces tariff and non-tariff barriers for trade and investment, and simplifies various regulatory requirements. The loosening of regulations regarding key Australian services exports and new investment opportunities is likely to be welcomed by Australian businesses, especially in the agricultural and education sectors. Understanding these changes now will prepare your business for any opportunities which might arise from the agreement. Partner Rachel Nicolson, Senior Associate Dora Banyasz and Lawyer Oliver Lloyd report.

The 1 July 2019 deadline for the introduction of the Retailer Reliability Obligation is getting close, with consultation on the draft National Electricity Rule changes designed to implement it now open. Partner John Greig, Managing Associate Karla Drinkwater, Associate Mark Leersnyder and Lawyer Mark Young discuss the key new design details and areas for consideration, ahead of the submission deadline of 5 April 2019.

The Parliamentary Joint Committee on Corporations and Financial Services has completed its inquiry into the operation and effectiveness of the Franchising Code of Conduct (the Franchising Code). The Committee’s report recommends 71 wide-ranging recommendations to address perceived power imbalances and exploitation in the franchising sector. We take a look at the key proposals below and the implications for businesses. The report also recommends the establishment of an inter-agency governmental taskforce to review certain recommendations in further detail, meaning additional opportunities for engagement and comment will likely be available to stakeholders. We will await the outcomes of the taskforce’s actions, and the Government’s response to the recommendations.

In his typically blunt way, Commissioner Hayne declared: ‘Superannuation is not a product to be sold’. As Mr Hodge QC was fond of saying, I would like to ‘tease that out’ a little.

ASIC’s ‘why not litigate?’ approach to enforcement activities and its change in tone confirm the new era of regulatory engagement has arrived. Partner Kim Reid, Senior Associate Natalie Oliver and Lawyer Micaela Bassford report

The latest proposed changes to the regulation of personalised medical devices (including 3D-printed devices) introduce a set of new, internationally harmonised definitions, which, if implemented, will have important effects on the industry. Special Counsel Ric Morgan and Senior Associate Tracy Lu consider the key new proposals.

Yesterday the High Court delivered its eagerly awaited decision on compensation for the extinguishment of native title. This is the first time Australia’s highest court has ruled on this issue. Partner Ben Zillmann and Senior Associate Giselle Kilvert summarise the key aspects of the decision.

In this update we summarise the progress of new and existing rule change requests across the month of February and take a closer look at the ACCC’s new consultation paper on the approach for implementing the Consumer Data Right in the energy sector.