Results for "consumer data right"
271-280 of 537 results for 'consumer data right'
ACCC delivers bitter pill on patent settlement
The ACCC proposes to deny authorisation for a patent litigation settlement between Celgene and two generic drug companies. The decision demonstrates a hardening of the ACCC’s views against patent settlements that seek to place restrictions on market participants. ...
Exhaustion of rights doctrine is now in Australia
Calidad Pty Ltd v Seiko Epson Corporation confirms the exhaustion of rights doctrine now applies to Australian patent law. Patent owners cannot exercise their rights under the Patents Act 1990 (Cth) (Act) over specific patented products once those specific products have been sold onto the market. ...
Your jointly proposed pecuniary penalty may not be appropriate
The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...
Private parties in the UN – a new remedy ecosystem for alleged human rights and environmental impacts
Recent complaints show how NGOs and civil society groups are using UN-level human rights grievance mechanisms as a growing part of their toolkit to influence corporate behaviour and seek remedy for allegedly affected parties. ...
Italy targets Australian prosecco and Kraft parmesan cheese
Australia and the European Union (the EU) continue to negotiate a free trade agreement (FTA), including as to whether Australian businesses will be prevented from using over 200 food and beverage names. ...
Escaping IP infringement of renowned handbag
On 6 November 2020, Australian fashion label State of Escape Pty Ltd (State of Escape) – renowned for its 'unique' perforated neoprene handbag – lost its two-year-long battle with Chuchka ...
Lawyer or language model? Testing AI’s competence in answering Australian legal questions
The last 24 months have seen generative artificial intelligence (AI) tools advance in leaps and bounds, powered by remarkable developments in large language models (LLMs). Their new capabilities are already having significant impact on the way firms operate, including the legal function. ...
Copyright in the Aboriginal flag
A Senate Select Committee established to look into the flag's copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist. ...
Intellectual Property rights in wartime
As Russia's war on Ukraine continues to cause mass devastation to the country and its people, the response of much of the Western world, including Australia, has been to impose a series of economic sanctions against the Kremlin. ...
Lessons on product branding and trade mark use in the context of halal certification
In Halal Certification Authority v Flujo Sanguineo Holdings, the court dismissed Halal Certification Authority Pty Ltd's (HCA) claims of trade mark infringement, misleading or deceptive conduct and passing off against the Flujo Group of companies relating to the use of a halal-related trade mark, and ordered that its registration for that mark be cancelled. ...