Results for "consumer data right"

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. ...

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. ...

Australia is rapidly transitioning away from a centralised, coal-based energy system to one that is more decentralised and focused on renewable energy. This transition is being accompanied by increasing scrutiny of the human rights performance of renewables projects, including new benchmarking and a greater number of complaints. It is critical to know what practical steps to take towards implementing and embedding a strong approach to human rights compliance. ...

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. ...

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 ...

Yahoo has recently come under fire from both the United States Securities and Exchange Commission and the United Kingdom Information Commissioners Office for delays in the disclosure to investors of its 2014 data breach. ...

A policy background paper on media control and ownership released by the federal Department of Communications aims to restart the discussion on media law reform The paper does not draw conclusions or make recommendations but adopts a deregulatory tone Partner Ian McGill Senior Associate Matt Vitins ...

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. ...

The highest court in Switzerland, the Federal Supreme Court, has overturned a lower court's decision and found that Lidl's chocolate bunnies have infringed Lindt's trade marks for the shape of its own chocolate bunnies. The court has ordered Lidl to 'destroy' – or, to avoid food wastage ...

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. ...