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IP rights in the COVID-19 pandemic
Insight 30 Apr 2020

As the race for a COVID-19 vaccine and treatment continues, norms around IP use are being upended. Innovators need to navigate the use of their IP in this current climate. ...

OAIC's landmark case against Facebook to have major implications on Privacy Act
Insight 12 May 2020

As Privacy Awareness Week this year called for individuals to #rebootyourprivacy and debate continues over the privacy protections for the COVIDSafe application, another step has been taken in the Australian Information Commissioner's (Commissioner) landmark case against Facebook, Inc and Facebook Ireland Ltd (together, Facebook) which will have major implications for the Privacy Act 1988 (Cth) (Privacy Act) and digital businesses operating from offshore entities. ...

Report: National Electricity & Gas Rules Update: April 2020
Insight 06 May 2020

In this update we summarise the progress of existing rule change requests across April 2020 and take a closer look at the ESB's discussion paper on the benefits and opportunities of moving to a two-sided wholesale market. ...

Overhaul of Victorian environmental laws delayed until 1 July 2021
Insight 29 Apr 2020

The Environment Protection Amendment Act 2018 (Vic) (EP Act), which was set to commence on 1 July 2020 (and overhaul environmental laws in Victoria) will now commence on1 July 2021 as part of a suite of emergency measures in response to COVID-19. Our team looks at the COVID-19 Act and how it relates ...

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. ...

Rocking the boat – Rockefeller sues co-creators of Broadway puppet show
Insight 30 Apr 2020

In the recent Federal Court decision of JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236, Justice Thawley dismissed the claims by producer Jonathan Rockefeller that two co-producers of his off-Broadway puppet show parody Thank You For Being a Friend had, among other things, enga ...

COVIDSafe – what we now know
Insight 27 Apr 2020

On Sunday, the Australian Government launched its voluntary digital contact tracing app 'COVIDSafe', along with the app's Privacy Policy, an independent Privacy Impact Assessment (PIA) and the Department of Health's response to that PIA. The Chief Medical Officer has predicted that the application will have been downloaded more than 2 million times by the end of Monday. ...

New guidance on planning agreements
Insight 04 May 2020

On 15 April 2020 the NSW Government announced two significant developments – a review by the Productivity Commissioner and some more immediate 'system improvements' to be instituted by the Department of Planning, Industry and Environment. ...

The COVIDSafe Bill – good progress, but there's more to do
Insight 06 May 2020

The COVIDSafe app has been marketed as offering privacy 'protected by law'. On Sunday, the Federal Government released an exposure draft of legislation designed to put those protections in place, and to dispel lingering doubts about the app. ...

Federal Court refuses to order disclosure of class action respondent's insurance policies
Insight 27 Apr 2020

In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...

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