Results for "consumer data right"
381-390 of 824 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. ...
Your jointly proposed pecuniary penalty may not be appropriate
The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...
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. ...
Making the quantum computing leap
The Federal Government's recent National Quantum Strategy and FY2023–24 Budget signal a strong commitment to growing Australia's quantum computing sector. To assist organisations aiming to capitalise on that renewed focus, this Insight gives an overview of the technology and the legal issues. ...
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. ...
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 ...
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. ...
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. ...
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. ...
Transparency and Accountability - and not just for Wall Street
The regulatory law repercussions of the GFC remain endlessly fascinating As an example take the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 It runs to 848 pages Title VII addresses perhaps optimistically Wall Street Transparency and Accountability My favourite provision is section ...