Results for "consumer data right"
391-400 of 817 results for 'consumer data right'
'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. ...
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. ...
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). ...
Using third party brands in video games: issues and opportunities
One of the emerging battlegrounds for brand owners is video games, particularly with the growth of virtual reality applications. A recent claim made in the US illustrates how having your brand featured in a video game can be a problem - but depending on the circumstances, it could also present a com ...
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. ...
ChatGPT in law: unlocking new opportunities while managing the risks
As legal professionals around the globe settle into another year of work, they have been confronted by a new existential threat from OpenAI's much discussed AI chatbot, ChatGPT. Many lawyers have been asking similar questions: will my job exist this time next year? How accurate is it at answering th ...
Lessons from the Australian Intellectual Property Report 2020
The Office of the Chief Economist of IP Australia published its flagship annual publication, the Australian Intellectual Property Report 2020. The report identifies some key trends, which will assist businesses' understanding of current trends in IP filings in Australia. ...
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 ...
Applying WHS principles to the regulation of AI in the workplace
The regulatory approach to AI in Australia is still in its early stages, with the Federal Government currently consulting on the best way to implement regulation that supports the safe and responsible ...
Ambush marketing: traders beware!
Everyone knows the famous adage that 'the enemy of my enemy is my friend'. But can the friend of my friend be my enemy? In the context of ambush marketing, the answer can be yes. ...