Results for "consumer data right"
381-390 of 799 results for 'consumer data right'
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. ...
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
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. ...
Lawyer or language model? Testing AI’s competence in answering Australian legal questions
The last 24 months have seen generative artificial intelligence (AI) tools advance in leaps and bounds, powered by remarkable developments in large language models (LLMs). Their new capabilities are already having significant impact on the way firms operate, including the legal function. ...
Dealing in data: cybersecurity in an M&A context
The cyber resilience of companies and their history of data breaches is increasingly having a significant impact on the headline price post-completion deal value and risk-allocation profile of MA transactions With the notifiable data-breach scheme and the GDPR taking effect earlier this year there ...
Escaping IP infringement of renowned handbag
On 6 November 2020, Australian fashion label State of Escape Pty Ltd (State of Escape) – renowned for its 'unique' perforated neoprene handbag – lost its two-year-long battle with Chuchka ...
Five regulatory reforms shaping the energy transition
Reforming the regulatory framework that underpins our electricity system is a key aspect of Australia's energy transition, but the scale and pace of change can seem overwhelming. ...
Intellectual Property rights in wartime
As Russia's war on Ukraine continues to cause mass devastation to the country and its people, the response of much of the Western world, including Australia, has been to impose a series of economic sanctions against the Kremlin. ...
Private parties in the UN – a new remedy ecosystem for alleged human rights and environmental impacts
Recent complaints show how NGOs and civil society groups are using UN-level human rights grievance mechanisms as a growing part of their toolkit to influence corporate behaviour and seek remedy for allegedly affected parties. ...
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 ...