Results for "consumer data right"
411-420 of 855 results for 'consumer data right'
Strengthening protection of Indigenous Culture and Intellectual Property
Recent attention surrounding use of the Aboriginal flag, and the ACCC's limited success against Birubi Art, highlight the importance of strengthening protection of Indigenous Culture and Intellectual Property. ...
Media control and ownership: (re)starting the discussion
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 ...
'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. ...
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. ...
Federal Court closes the tap on Urban Ale trade mark
In an attempt to sue La Sirène for trade mark infringement, Urban Alley Brewery lost the registration rights to its 'Urban Ale' trade mark, for lack of distinctiveness. We explore how attempting to enforce its trade mark registration rights backfired for Urban Alley. ...
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). ...
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. ...
Evolving litigation landscape: recent ESG disputes trends
In this Insight, we spotlight emerging trends, reflect on potential implications for future ESG-related disputes and provide practical guidance on both managing stakeholder expectations and mitigating the risk of litigation. ...
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. ...