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Mainly intellectual property (IP) issues Down Under

Staying arbitration: Kraft, Bega, Warner Bros and Mad Max

In the face of misleading and deceptive conduct litigation in Australia, O’Callaghan J has granted injunctions restraining Kraft from pursuing its arbitration claims in New York against Bega’s sale and promotion of Bega Peanut Butter in what Kraft alleges is misleading or deceptive get-up.

An arbitration clause means arbitrate

The Court of Appeal has enforced an arbitration clause in a Subway franchise, barring the franchisees’ action in VCAT.

You can arbitrate disputes under an IP licence agreement

Hamerschlag J, in the New South Wales Supreme Court, has ruled that disputes between a licensor and licensee under a technology licence agreement fall within the arbitration clause in the agreement and, consequently, the arbitrator’s determination that he has jurisdication is valid and binding on the parties. The disputes between the parties related to (1) the application of the “improvements” clause and (2) whether licence fees would be payable if.. Read More

Urgent interlocutory and declaratory relief

Many IP agreements contain a clause referring disputes about the subject matter to mediation and/or arbitration instead of reliance on court action. There is often, however, an exception permitting court action in the case of “urgent interlocutory and declaratory relief”. So, when one party to the agreement rushes off to Court to enforce some position instead of arbitration, the court case often becomes as much about whether the Court has jurisdiction.. Read More

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