This newsletter contains helpful up-to-date resources for our clients. Our previous resource centre publications are available here. Clients are welcome to raise specific issues which they would like us to comment upon in future publications.

Extension until 26 March 2021 to electronic signing and remote witnessing in New South Wales

The NSW Parliament has passed the Stronger Communities Legislation Amendment (COVID-19) Regulation 2020 (NSW), which provides that various statutory provisions enacted in response to the COVID-19 pandemic are extended beyond their original expiry date. Among these measures are provisions providing for the use of electronic signatures and remote witnessing, as covered in our previous website article. These measures, which would have expired this month, now extend until 26 March 2021, subject to any further extensions.

Extension to the temporary changes to insolvency laws - insolvent trading and statutory demands

On Monday, 7 September 2020, the Treasurer and the Minister for Industrial Relations issued a joint media release indicating the Federal Government's intention to extend the temporary relief for financially distressed businesses until 31 December 2020. This means that directors will continue to enjoy the additional safe harbour relief until 31 December 2020, and any statutory demands issued on or before that date will be subject to the extended compliance time and increased monetary threshold. Further details are available in our website article.

Extension to IP Australia deadlines

IP Australia will continue to provide simplified, exceptional extensions of time of up to three months for users impacted by COVID-19 until at least 31 October 2020. Users need to apply for each extension through a very simple process, and no official fees are payable. Further details are available in our website article.

Webinar: Australian law update – pharmaceutical patents

If you missed attending our 17 September 2020 webinar "Protecting, Extending and Enforcing Pharmaceutical Patents in Australia", you can access the recording and presentation slides here. The webinar addresses:

  • Extending the term of pharmaceutical patents in Australia, presented by Michael Caine;
  • Considerations when providing the 'usual undertaking' - Key points from Commonwealth v Sanofi, presented by Paul Dewar and Suzy Roessel;
  • The operation of the experimental and regulatory use exemptions to infringement of pharmaceutical and medical device patents, presented by Grace O'Connor;
  • Novelty and infringement of second medical use claims: Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116, presented by Claire Gregg and Sian Hope.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.