Results for "consumer data right"
541-550 of 843 results for 'consumer data right'
Fake online reviews – serving an application for discovery on an overseas company
Decisions on recent applications brought by Seven Consulting, Allision, and Sydney Criminal Lawyers provide some useful guidance on the principles that will apply when seeking leave to serve an application for discovery on an overseas company. ...
Indemnity costs and offers of compromise
How is the Federal Court currently handling the issue of offers of compromise and indemnity costs? Lawyer Phoebe St John recaps Reckitt Benckiser v GSK Australia (No 2) to find out the latest. ...
No grounds for opposition for coffee merchants
Parties seeking to oppose (or defend an opposition to) a trade mark registration now have greater clarity over what constitutes use of a trade mark 'in the course of trade' thanks to a recent decision by the Federal Circuit Court of Australia. ...
No relief from pain for Maxigesic claims
AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 serves as an important reminder of the risks of comparative advertising and the need for adequate scientific foundations to support representations claiming to be based in science. ...
Federal Court decides second round of fencing (patent) duel
This Insight examines the consequences of a patent dispute concerning a patent for a 'fence plinth'. This dispute highlights some of the key elements of any patent dispute such as how meaning of ordinary terms in the patent must be understood in the context of the whole patent specification. ...
Computer-implemented business methods and manner of manufacture…where do we stand?
In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...
Ugg of war over sheepskin boots in the US
An appellate court in the US has ruled that the word 'UGG' is capable of trade mark registration in the US for footwear because it is not a generic term – at least in the US – to describe what Australians would call 'ugg boots'. ...
Proposed updates to security of critical infrastructure legislation
As part of a broader strategy to strengthen the security of Australia's infrastructure, particularly cybersecurity, the Government has released exposure drafts of its Security Legislation Amendment (C ...
Global trends in intellectual property
The World Intellectual Property Organization (WIPO) has recently published two reports identifying key hotspots for innovation, and key markets for patent, trade mark and design filing. ...
Artificial intelligence and copyright – time to rethink authorship?
The use of artificial intelligence for good and evil has long been the subject of fiction. However, such stories are becoming less far-fetched, raising the issue of who or what is the author of computer-created works, and whether those works are entitled to copyright protection. ...