Please note that the links to the content in this Part will direct you to Westlaw AU. If you are using Checkpoint, the links can be found in the Checkpoint PDF at the bottom of this post.

To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).

The latest issue of the Australian Business Law Review (Volume 53 Part 1) contains the following material:

EDITORIAL – General Editor: Michael Terceiro

Articles

The Registration of Certification Trade Marks in New Zealand and Australia – Bram Van Wiele and Mitchell Adams

Certification trade marks indicate that particular characteristics of the goods or services have been certified to meet specific standards or other criteria. Such marks are examined and registered at the national intellectual property offices, ensuring compliance with stringent requirements for registration, governance and use. This article presents the findings of a comparative empirical study on the application and registration of certification trademarks in New Zealand and Australia filed between 1 January 2002 and 31 December 2023.It analyses trends in applications and registrations and the scope and characteristics of registered certification trade marks, including lifecycle data, intrinsic features, and use conditions.

Recent PPSA Cases – Anthony Duggan

This article discusses three cases recently decided under the Personal Property Securities Act 2009 (Cth) (PPSA). The first is Kirkalocka Gold SPV Pty Ltd (recs and mgrs apptd)v Zenith Pacific (KLK) Pty Ltd, which (broadly speaking) concerned the meaning of “possession” in the PPSA context. The second is Metal Manufactures Pty Ltd v WesTracPty Ltd, which concerned the rights of a secured party (A) under ss 32 and 46 of the PPSA in circumstances where the grantor (B) sold the collateral to a buyer (C) who subsequently resold to D. The third case is Volkswagen Financial Services Australia Pty Ltd v Muon, which concerned the relationship between the repossession provisions in s 123 of the PPSA, and ss 88, 99, 100 and 101 of the National Consumer Credit Protection Act 2009 (Cth), Sch 1 (the National Credit Code).

Australia’s Proposed Digital Competition Regime – Nicholas Felstead

The Australian Government recently proposed a new “Digital Competition Regime” to address the anti-competitive and exploitative conduct that thrives in the digital economy. Recognising that existing laws and regulatory tools are unable to keep up with the pace of technological advancement, the proposed regime would introduce ex ante regulatory obligations for designated digital platforms with a critical position in the Australian economy. Australia is seeking to act as a “fast follower” in the race to rein in large digital platforms, drawing on best practices in other national and supranational regimes. At its best, regulation can spur innovation while protecting consumers and markets from anticompetitive behaviour. This brief article will review the proposed regime and argue that it represents a positive step towards responsible regulation of the digital economy.

COMPANY LAW AND SECURITIES – Editor: Olivia Dixon

For the PDF version of the table of contents, click here: New Westlaw Australia – ABLR Vol 53 No 1 Contents or here: Checkpoint – ABLR Vol 53 No 1 Contents.

Click here to access this Part on New Westlaw AU

Click here to access this Part on Checkpoint

For general queries, please contact: [email protected].