Results for "consumer data right"
411-420 of 827 results for 'consumer data right'
IP rights in the COVID-19 pandemic – the story so far
With the timely supply of effective COVID-19 vaccines insufficient to meet global demand, there has been speculation that the compulsory licence and Crown use (or government authorisation) provisions would be invoked. This from the early stages of the pandemic has thrust IP rights into the spotlight ...
'PROTOX' and 'PROCAT': the Federal Court considers deceptive similarity and the defence of comparative advertising
Allergan Australia v Self Care IP Holdings and Caterpillar Inc v Puma SE highlight the precise nature of the test required in assessing deceptive similarity, as well as the limits of the comparative advertising defence to infringement. ...
When you use what doesn't Belong to you…
Telstra Corporation Limited v BelongEnergy Pty Ltd (VID206/2019), recently resolved by consent orders in Telstra's favour, highlights the importance and utility of adequate trade mark protection. ...
Using third party brands in video games: issues and opportunities
One of the emerging battlegrounds for brand owners is video games, particularly with the growth of virtual reality applications. A recent claim made in the US illustrates how having your brand featured in a video game can be a problem - but depending on the circumstances, it could also present a com ...
Italy targets Australian prosecco and Kraft parmesan cheese
Australia and the European Union (the EU) continue to negotiate a free trade agreement (FTA), including as to whether Australian businesses will be prevented from using over 200 food and beverage names. ...
Fishing at one's discretion – Trident Seafoods Corporation v Trident Foods Pty Limited
In a dispute over the 'Trident' trade mark, Justice Gleeson considered that the residual reputation a subsidary held over its parent company warranted the mark remaining on the Register. ...
OMG, LOL – can you trademark textspeak acronyms?
American consumer goods corporation Procter & Gamble is attempting to trade mark abbreviations common to textspeak. Is this NBD, a LOL for the courts, or simply WTF? ...
The importance of getting your entitlement ducks in a row
Ownership and inventorship disputes are a hot topic before the Australian Patent Office (the APO) in 2018. Earlier this year, we reported on the APO decision in Khoury v Sherrard Pty Ltd [2018] APO 20, which highlighted the need to carefully assess the contributions of all those involved in developi ...
IP insurance: are you sure it's too expensive?
IP disputes can be costly. One way firms can manage this risk is to obtain IP insurance. Once regarded as too expensive to work, recent developments in the market suggest that, for smaller businesses in particular, protection may now be more affordable. ...
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. ...