Fair Play: Ensure your standard form contracts are ready for game day
30 June 2023
Unfair contract term penalties are fast approaching! Over the last few weeks, we have dived into a number of topics related to UCTs.
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All Mallesons Pulse Posts
All Mallesons Pulse Posts
Not so fair after all: Further non-grey list clauses that might fall foul of the UCT regime
28 June 2023
In this post, we look at extraneous contractual term clauses and collection of data clauses and UCT risks.
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So hot right now: Hong Kong is getting its green taxonomy
27 June 2023
There's no escaping the heat of summer in Hong Kong, but cool relief coming for investors and issuers in the climate finance space. A prototype classifying financial products and investments based on environmental sustainability is in its consultation stage.
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Australia’s place in the Hydrogen race
26 June 2023
KWM’s Co-Global Head of Projects Energy and Resources looks at the global landscape. Could his home nation - Australia - lead the way?
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Using the shield: Practical tips to managing privilege as inhouse counsel
19 June 2023
Privilege is a cornerstone of the legal profession and protecting it is vital to inhouse counsel. Every lawyer knows what privilege means and the consequences of inadvertent waiver. But do their internal clients, who often aren’t lawyers? This post explores what privilege is and provides practical tips for inhouse counsel to ensure it is preserved.
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Looking beyond the grey in life: Additional clauses that may fall foul of the UCT regime
14 June 2023
Outside ACL 'grey list' terms, many other terms have been found to be unfair - eg automatic renewal , exclusive dealing and non-disparagement clauses
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The commercial value of technical secrets: IP infringement damages determination in Supreme People’s Court decision
12 June 2023
The Flowers Blossom case in the Supreme People's Court shows those seeking damages for IP infringements should consider opting for an appraisal report - but a court can still determine damages using other factors.
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The tulip trading case: English courts play a leading role in cryptocurrency and digital assets
7 June 2023
UK courts are increasingly willing to assist victims of crypto scams and thefts. The Tulip Trading Case is the latest to bring novel issues on the duties of developers to English courts. The case is controversial and has taken on an increased spotlight since the involvement of the Jack Dorsey-backed Bitcoin Legal Defence Fund.
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Claiming costs to defend a parallel patent invalidation case? China’s Supreme People’s Court rules ‘no’
30 May 2023
If a patentee brings a case against an accused infringer - and that infringer previously challenged the patent - can the patentee claim the legal costs of defending the earlier challenge? After a long dispute running for several years, the Supreme People’s Court of the People’s Republic of China (SPC) has given a clear NO answer in a patent infringement case between Jinnuo Co., Ltd and Jinli Co., Ltd.
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Immunity applicants waive goodbye to privilege over factual accounts
22 May 2023
Changes to the ‘ACCC immunity and cooperation policy: frequently asked questions’ increase the price of immunity
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