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The Aboriginal Flag may have been freed, but certain restrictions on use still apply
The Australian Government recently acquired the copyright in the Aboriginal Flag and has announced that it is 'freely available for public use'. However, it is not in fact a free-for-all, and there are some important limitations to bear in mind. ...
Austria has united for the Patent Court
Across Europe, eyes are on the horizon for the United Patent Court (UPC). After years of trials and tribulations, Austria has finally fully ratified the Protocol on the Provisional Application of the UPC Agreement, effective 19 January 2022. The UPC can now begin its preparatory phase. ...
Access allowed: exposure draft released for latest copyright reform bill
On 21 December 2021, the Australian Government released an Exposure Draft of the Copyright Amendment (Access Reform) Bill and an accompanying Discussion Paper. This represents the final package of the government's copyright reforms in response to the 2016 Intellectual Property Arrangements inquiry b ...
Milk products, hashtags and the metaverse: the latest trade mark updates
Over the past few months, the Federal Court and Federal Circuit and Family Court have handed down some important and interesting trade mark decisions concluding: ...
A (further) update on the Australian Patent Box
The Federal Government has taken a major step towards the implementation of Australia's first patent box regime, introducing the Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 to parliament. We discuss the latest developments below. ...
Seeking cover under pressure
Over the past decade, there has been a significant increase in the pace and scale of regulatory investigations and enforcement activity, including a spate of high profile royal commissions and inquiries into potential wrongdoing by institutions, companies, and their directors and officers. ...
Update on the Draft Design and Place SEPP
The widely anticipated draft Design and Place SEPP has now been publicly exhibited and contains some surprising departures from last year's Explanation of Intended Effects. The question is whether it achieves the goal to ‘simplify and consolidate… good design in NSW'. ...
Reminder – AUSTRAC compliance reports are due
With 2022 now in full swing and the due date for AUSTRAC compliance reports just around the corner (on 31 March 2022), we take a look at some recent changes to the form and how they will affect reporting entities. ...
New year, new regulations: what to know about EP&A Regulation
The Environmental Planning and Assessment Regulation 2021 (2021 Regulation) comes into effect on 1 March 2022. Here, we explain the key things you need to know to prepare yourself for these changes. ...
Federal Court clears path for the OAIC to pursue its privacy proceedings against Facebook
A full bench of the Federal Court has confirmed an earlier ruling that there was a prima facie case Facebook Inc (now Meta Platforms Inc) 'carries on a business' and collects personal information in Australia. With this decision, the Australian Information Commissioner can now proceed with the landmark case against Facebook Inc and Facebook Ireland Ltd in relation to a number of alleged breaches of the Australian Privacy Principles. ...