Results for "consumer data right"
431-440 of 850 results for 'consumer data right'
Rocking the boat – Rockefeller sues co-creators of Broadway puppet show
In the recent Federal Court decision of JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236, Justice Thawley dismissed the claims by producer Jonathan Rockefeller that two co-producers of his off-Broadway puppet show parody Thank You For Being a Friend had, among other things, enga ...
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. ...
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. ...
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 ...
Employee's or employer's? Apple serves as a reminder of IP ownership in the startup sphere
In a world of tech start-ups and innovation, securing IP rights has never been so important. The question of 'who owns what?' continues to present issues even to Apple Inc, as employees branch out to capitalise on creativity. Apple's recent claim against a former employee is a timely reminder of the ...
Banksy stops unauthorised merchandising in Italian museum
A company called Pest Control, which claims to act on behalf of the anonymous street artist Banksy, has won a trade mark infringement claim against an art exhibition organiser for selling Banksy merchandise in a museum gift shop. ...
The era of responsibility – top ESG trends for 2022
Environmental, Social and Governance issues continue to create a paradigm shift in the way businesses are run.2022 looks to be another big year in the space, with those slow to adapt getting left behind. We break down key ESG trends to watch for in 2022. ...
Lindt wins against Lidl over chocolate bunnies in Switzerland
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 ...
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 ...
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. ...