Results for "consumer data right"
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What's happening in intellectual property - April 2024
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
What does patentable subject matter Encompass for computer-implemented inventions in Australia?
In a highly anticipated decision, the Full Bench of the Australian Federal Court recently dismissed the appeal in Encompass Corporation v InfoTrack. Despite the opportunity to clarify the scope of patentability of computer-implemented inventions, the question of what encompasses patentable subject matter remains open. ...
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. ...
No parody or satire defence for Clive Palmer's Twisted Sister rip-off
Clive Palmer's 'Australia's Not Gonna Cop It' jingle has been found to infringe copyright in Twisted Sister's hit 'We're Not Gonna Take It', with the Federal Court awarding $1.5 million in damages against the billionaire. ...
Red letter day for Louboutin – Frucor green with envy
Two recent decisions provide mixed news for the owners of colour trade marks ...
Managing the risks of brand collaborations – a few top tips
Brand collaborations can create exciting commercial opportunities for businesses. However, they involve a number of risks. These include, for example, the possibility that a collaborator may suffer unexpected damage to their brand which makes the collaboration no longer commercially viable. Therefor ...
Australian GUI GUIde – design protection for Graphical User Interfaces
Reform for Graphical User Interfaces (GUIs) has been excluded from the most recent package of Australian design amendments. ...
The Full Federal Court has its say on authorisation of copyright infringement
The Full Federal Court has delivered its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd and, although the court ultimately allowed Campaigntrack's appeal, was divided on authorisation of copyright infringement. We analyse this interesting decision and its effects. ...
Parking threats of patent infringement proceedings: UbiPark v TMA Capital Australia
Recently, Justice Moshinsky of the Federal Court granted an interlocutory injunction to restrain a patentee from making further threats of infringement proceedings against the customers and potential customers of an entity against whom the patentee had already made threats. Historically, interlocuto ...
When is a social media post clearly an #ad?
Social media influencers are increasingly being held to account for failing to disclose advertising content – so businesses working with influencers also need to take note. The recent matter involving Nadia Fairfax and Samsung highlights this. ...