August 11, 2016 2:13 PM | Posted by Paul Kallenbach and James Patto | Permalink
Earlier this year, we released our inaugural cyber survey report, Perspectives on Cyber Risk, intended to provide insight into Australian organisations' cyber risk posture and cyber resilience capability. read more
July 19, 2016 3:27 PM | Posted by Brad Woods | Permalink
On 28 June 2016, the Full Court of the Federal Court of Australia handed down a landmark judgment, revealing trade mark owners risk forfeiting their registered trade marks if they fail to exercise actual control over the use of those marks by licensees. read more
July 19, 2016 11:37 AM | Posted by Rebecca Dutkowski | Permalink
A recent decision of the Full Federal Court has overturned an earlier Federal Court decision that controversially held an omnibus claim to be broader than the examples and drawings disclosed in a patent specification. The Full Federal Court found that a feature made essential by the specification could not be made inessential by the word "substantially" in the common omnibus claim wording: "substantially as described with reference to the drawings and/or examples". read more
July 11, 2016 4:45 PM | Posted by Nicole Reid and Louisa Ashton | Permalink

In 2015, according to Sensis, 56% of large and 31% of small-to-medium sized Australian businesses had a social media presence of some kind. Of these, more than half reported measuring the success of their social media investment by their numbers of 'likes', followers and subscribers.

But how do businesses go about getting 'likes' – and does the law ever become involved with regulating this?

read more
July 8, 2016 9:59 AM | Posted by Rebecca Dutkowski | Permalink
In a recent example of what can happen when a company is able to obtain a trade mark for a commonly used word, in the United States, Citigroup is suing phone provider AT&T in relation to its newly launched rewards program 'AT&T THANKS', for alleged infringement of Citigroup's trade mark rights (among other stated rights) in the word THANK YOU. read more
June 17, 2016 10:00 AM | Posted by James Patto & Paul Kallenbach | Permalink
In a week where the Victorian Government plugged a loophole in transport legislation to stifle Uber's quest for the sharing economy 'holy grail' (namely, legislative recognition and legality), the Victorian Supreme Court has put another dampener on the sharing economy by ruling that two tenants had breached their lease with their landlord by renting their leased apartment out using the popular home sharing website, Airbnb. read more
June 3, 2016 10:59 AM | Posted by Ben Fisher and Paul Kallenbach | Permalink
One of the most ambitious library projects ever conceived, the Google Books project – a plan to scan and digitally store every single book in the world – has recently overcome one of the biggest legal hurdles in its path to creating the world's largest digital library. On 18 April 2016, the US Supreme Court denied without comment a petition from the Authors Guild to hear its appeal of a 2015 court ruling in favour of Google, putting an end to a decade long legal battle. read more
May 25, 2016 9:19 AM | Posted by Brad Woods, Nicole Reid | Permalink
For many of the 15 million Australians now active on Facebook, casually sending 'friend requests' every time you make a new acquaintance has become commonplace. 1 However, if you are a member of the legal profession, it is now evident that serious thought must be given to sending and accepting these requests. read more
May 19, 2016 5:17 PM | Posted by Julia Marchesi and Paul Kallenbach | Permalink
On 19 June 2016, the Google subsidiary Nest will permanently shut down the Revolv smart home hub, following its acquisition of the device's maker in 2014. From that date, the Revolv app will not open, the hub will not work, and the service will cease functioning altogether. read more
May 19, 2016 2:43 PM | Posted by Veronica Scott and Andrew Cusumano | Permalink
Successful organisations depend on three key factors: people, processes and technology.  They cannot rely on just one of these alone. In in the context of the impact of technology, this article focuses on the roles that we as individuals have to play in data security and privacy protection - both as private citizens and as part of the organisations that we work in. read more