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Rokt unsuccessful in the Full Court
Insight 22 May 2020

The Full Court in Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 reversed the decision of the trial judge, finding for the Commissioner of Patents that Rokt's digital advertising systems and methods invention does not constitute patentable subject matter. The decision further clarifies the patentability of computer-implemented inventions at Australian law. ...

Technology Investment Roadmap Discussion Paper: it's all about where to direct public funds
Insight 28 May 2020

In the recently released Technology Investment Roadmap Discussion Paper, the Federal Government puts forward a proposed framework to govern the investment of public funds in the development of new technologies designed to lower emissions. ...

The CDR is coming to the energy sector – have your say now
Insight 26 May 2020

The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...

Financial advice relief – all talk and no-action
Insight 29 May 2020

We said at the outset of this pandemic that financial advice will play an important role in supporting members who are considering whether to access their super early. Alive to that, ASIC recently released a series of measures to facilitate access to financial advice ...

The simple case of the SIS Act 'best interests' obligation
Insight 29 May 2020

Commissioner Hayne's comments in his final report, and the surge of community interest in super, have resulted in a renaissance of sorts for the 'best interests' obligation. ...

Mann v Paterson Constructions Pty Ltd [2019] HCA 32
Insight 26 Mar 2020

In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...

Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
Insight 26 Mar 2020

In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...

Contract law update 2019
Insight 26 Mar 2020

There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...

Federal Court closes the tap on Urban Ale trade mark
Insight 30 Apr 2020

In an attempt to sue La Sirène for trade mark infringement, Urban Alley Brewery lost the registration rights to its 'Urban Ale' trade mark, for lack of distinctiveness. We explore how attempting to enforce its trade mark registration rights backfired for Urban Alley. ...

From Notepads to iPads – copyright protection in a digital world
Insight 30 Apr 2020

With the global transition from analogue to digital, Australia's copyright laws continue to evolve in an attempt to keep up with the digitisation of content. The Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher MP, recently addressed the Australian Digital Alliance about ...

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