Results for "consumer data right"
391-400 of 842 results for 'consumer data right'
A new rights-based approach: the Aged Care Royal Commission delivers its blueprint for radical reform
The Royal Commission into Aged Care Quality and Safety issued its Final Report, which recommends significant change through the creation of a new aged care system aimed at placing people at the centre of aged care. The recommendations are wide ranging. ...
Combe International Ltd v Dr August Wolff: deceptive similarity where it counts
IP Australia, the Federal Court and the Full Federal Court have considered whether the trade marks VAGISIL and VAGISAN are deceptively similar. The final answer has now been handed down by the Full Federal Court. We take a look at the decision and what it tells us about deceptive similarity. ...
Beware the perils of false patent marking
Patent marking is a useful way of notifying the public and potential infringers that monopoly rights exist or are pending in a product. However, falsely marking a product as 'patented' or 'patent pending' is fraught with danger. ...
The hack back: The legality of retaliatory hacking
In circumstances where government departments and law enforcement agencies are unable or unwilling to effectively respond to cybercrime, organisations are increasingly questioning whether or not they have or ought to have a a right to 'hack back' as an offensive retaliatory measure. ...
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. ...
State Bank of Vietnam tightens control over onshore lending
On 28 June 2023, the State Bank of Vietnam (SBV) issued Circular 06/2023/TT-NHNN (Circular 06) to amend Circular 39/2016/TT-NHNN (Circular 39) on lending activities of credit institutions and foreign bank branches in Vietnam. Circular 06 will take effect from 1 September 2023. ...
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. ...
In the danger zone? Unpacking the Top Gun: Maverick copyright lawsuit
The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...
InIP: What's happening in intellectual property - February 2024
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
'PROTOX' and 'PROCAT': the Federal Court considers deceptive similarity and the defence of comparative advertising
Allergan Australia v Self Care IP Holdings and Caterpillar Inc v Puma SE highlight the precise nature of the test required in assessing deceptive similarity, as well as the limits of the comparative advertising defence to infringement. ...