Results for "consumer data right"
411-420 of 855 results for 'consumer data right'
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. ...
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. ...
'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. ...
Navigating the energy transition
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. ...
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. ...
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). ...
Copyright in the Aboriginal flag
A Senate Select Committee established to look into the flag's copyright and licensing arrangements recently rejected an approach that would that would see the Government compulsorily acquire the copyright of an Aboriginal artist. ...
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. ...