Results for "consumer data right"
401-410 of 817 results for 'consumer data right'
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. ...
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. ...
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. ...
ACCC's good result in bad faith claim
The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...
Protecting innovation without patents - data exclusivity and market exclusivity
Developments in patent law and the consequential limitations on patentability for biologic medicines mean that data exclusivity and market exclusivity can be the primary protection afforded to originator biologic medicines This is most stark in the US where patent protection for biologic medicines ...
Regulating crypto – token mapping consultation paper hints at future licensing regime
The Australian Government published its consultation paper Token Mapping. In this Insight, we provide an overview of the Government's proposed approach and how it will impact regulatory reform in the crypto-asset sector. ...
AICD's guide for directors on governing through a cyber crisis
The Australian Institute of Company Directors (AICD) published 'Governing through a cyber crisis: cyber incident response and recovery for Australian directors'. We provide our observations, commentary and suggested next steps. ...
Transparency and Accountability - and not just for Wall Street
The regulatory law repercussions of the GFC remain endlessly fascinating As an example take the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 It runs to 848 pages Title VII addresses perhaps optimistically Wall Street Transparency and Accountability My favourite provision is section ...
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 ...