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Covering the legal developments impacting your brands

Sharing isn’t always caring: The High Court clarifies honest concurrent use defence

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)
By Georgina Hey (AU) & Isobel Taylor (AU) on June 1, 2026

This article was co-authored with Samantha Stone.

On 13 May 2026, the High Court of Australia handed down its unanimous decision in Zip Co Limited & Anor v Firstmac Limited [2026] HCA 16, settling the law on the defence…

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CJEU referral: UPC tests the limits of jurisdiction

Photo of Clemens RübelPhoto of Maximilian Schmitz
By Clemens Rübel & Maximilian Schmitz on May 27, 2026

In a landmark move, the UPC’s Court of Appeal has referred key questions to the CJEU on its international jurisdiction and on liability for patent infringement—specifically concerning product compliance authorised representatives. The outcome could redefine the geographical scope of patent…

From Tribute to Infringement: Moral (rights) lessons from the LELECHA Lu Xun Case

Photo of Justin Davidson (HK)Photo of Mina Li
By Justin Davidson (HK) & Mina Li on May 19, 2026

On World Book Day in 2024 (April 23), LELECHA, a Mainland China milk tea brand, partnered with Yilin Press to launch a “Smoky Oolong” milk tea as a tribute to the prominent Chinese writer Lu Xun. However, the marketing campaign’s…

Balance restored: interlocutory injunctions granted for pharma patents

Photo of Daniel PoskerPhoto of Stephanie Wang
By Daniel Posker & Stephanie Wang on March 16, 2026
  • Interlocutory injunctions remain a viable tool for patentees: Recent decisions confirm that originator pharmaceutical companies can still obtain interlocutory injunctions to restrain the launch of a first generic or biosimilar product, reversing the post-2018 trend against the grant
…

The Fifth Circuit Takes a Global View on Copyright Termination and Renewal Rights

Photo of Stephanie Schmidt (US)Photo of Sophia Poirier (US)
By Stephanie Schmidt (US) & Sophia Poirier (US) on March 11, 2026

On January 12, 2026, in Vetter v. Resnik (No. 25-30108), the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) clarified the geographic scope of copyright recapture (termination of a prior assignment) and renewal rights under the Copyright Acts…

Beijing Internet Court Published Model AI-related Cases – Part II

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By Justin Davidson (HK) & Stanley Ng on March 9, 2026

In Part I of this NRF blog series, posted here, we reported on three AI-related cases published in 2025 by the Beijing Internet Court as being ‘model’ (precedent-illustrating) AI cases. In this article, we continue with the remaining three…

Beijing Internet Court Published Model AI-related Cases – Part I

Photo of Justin Davidson (HK)Photo of Stanley Ng
By Justin Davidson (HK) & Stanley Ng on March 9, 2026

With the increasingly widespread use of artificial intelligence (AI) in all walks of life, disputes relating to AI are also rapidly emerging. In a press conference last year, the Beijing Internet Court published eight ‘model’ (precedent-illustrating) cases involving…

Do We Have Bad Blood? Taylor Swift Successfully Opposes “SWIFT HOME” Trademark Application

Photo of Logan Woodward (US)
By Logan Woodward (US) on February 20, 2026

When a home goods company tried to register “SWIFT HOME” for its pillows and sheets, Taylor Swift was not about to shake it off. The intense (albeit brief) trademark showdown between Swift and Cathay Home offers a front-row seat to…

Orphan works, remote learning and AI: updates regarding the Commonwealth Government’s recent proposed amendments to the Copyright Act

Photo of Jackie O'Brien (AU)Photo of Isobel Taylor (AU)
By Jackie O'Brien (AU) & Isobel Taylor (AU) on February 15, 2026
  • facilitate the use of copyright materials for which the
…

Bye bye intrinsic test? Substantial similarity in Sedlik v. Von Drachenberg

Photo of Ani Galoyan (US)Photo of Yan Sun (US)
By Ani Galoyan (US) & Yan Sun (US) on January 23, 2026

On January 2, 2026, a Ninth Circuit panel affirmed the jury verdict in Sedlik v. Von Drachenberg, — F. 4th. —–, 2026 WL 17166 (9th Cir. Jan. 2, 2026), which found that defendant celebrity tattoo artist Katherine Von Drachenberg…

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