Results for "consumer data right"
381-390 of 817 results for 'consumer data right'
Class action risk: interim update
Class action filings in 2023 are on pace to significantly outstrip the number of claims filed last year, reverting to the trend of elevated filings seen over recent record setting years. ...
The Federal Court's first look at enablement and support
The Federal Court has taken a first look at the enablement and support provisions of section 40 of the Patents Act 1990 (Cth) (the Act) as amended by the 'Raising the Bar' Act 2012 (Cth) (RTB). ...
Courts refuse to order disclosure of insurance and financial documents for use in mediation in class actions
In this Insight, we consider some decisions in the Federal Court and Victorian Supreme Court that provide examples of how plaintiffs are framing applications for documents in the context of mediation, and when courts will consider it inappropriate to order their production. ...
Repeal of IP exemption from competition laws to take effect soon
Section 51(3) of the Competition and Consumer Act 2010 (Cth) (the CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive condu ...
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
Do the Corner's trade marks live up to their reputation?
Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...
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. ...
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 ...
Dealing in data: cybersecurity in an M&A context
The cyber resilience of companies and their history of data breaches is increasingly having a significant impact on the headline price post-completion deal value and risk-allocation profile of MA transactions With the notifiable data-breach scheme and the GDPR taking effect earlier this year there ...
Captive to no one: Australian Government releases its Ransomware Action Plan
The Department for Home Affairs has released the Australian Government's Ransomware Action Plan (the Plan). This development forms part of the Government's Cyber Strategy and is the latest in a series of actions taken by the Government to combat the escalating threat of ransomware and extortion. ...