May 2014


May 30, 2014 2:00 PM | Posted by Nicole Reid | Permalink
The exceptions to copyright infringement that the United Kingdom is endeavouring to introduce provide an interesting contrast to the broad-based fair use exception that has been proposed in Australia, as both countries grapple with how copyright law should adapt in the digital age. read more
May 29, 2014 5:03 PM | Posted by Helen Paterson, Emily Hawcroft & Charles Alexander | Permalink

It is common practice in the fashion industry to use others' garments and artwork as 'inspiration' for new designs.  A recent decision in the Federal Court illustrates the financial consequences for those who cross the line where inspiration ends and infringement begins.

In Seafolly Pty Limited v Fewstone Pty Ltd [2014] FCA 321, Dodds-Streeton J found that Fewstone (trading as City Beach) infringed Seafolly's copyright in three artistic works by instructing its designers and manufacture to make swimwear based on pictures and samples of Seafolly's swimwear.

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May 28, 2014 2:00 PM | Posted by Nicole Reid | Permalink
Following a recent Federal Court decision, liquidators now need to be aware of the sensitivity of content stored on the computers of companies under liquidation if that content may be confidential to another person. read more
May 23, 2014 4:20 PM | Posted by Surkis, Amy | Permalink
This interlocutory stoush between Pfizer and Apotex has proven interesting on a number of fronts. First, Justice Griffiths refused to grant an interlocutory injunction to restrain Apotex from selling its pregabalin product indicated for the treatment of seizures – a decision that went against the trend of Courts typically granting an interlocutory injunction in pharmaceutical patent cases (see our post on this decision here). Then, Pfizer appealed that decision – a development interesting in itself as we don’t often see interlocutory injunction decisions appealed. Now, the Full Federal Court has overturned almost all aspects of the first instance decision. read more
May 16, 2014 4:38 PM | Posted by Gilbert Tsang | Permalink
The UK Intellectual Property Act (IP Act) received royal assent on 15 May 2014 and makes a number of changes to the UK's design and patent laws. read more
May 16, 2014 9:18 AM | Posted by Surkis, Amy | Permalink
On 10 May 2014, at the first day of the annual meeting of INTA (the International Trademark Association) in Hong Kong, WIPO announced the launch of a new addition to its Global Brand Database search tool.  read more
May 15, 2014 9:51 AM | Posted by Lauren Edge, Helen Paterson and Charles Alexander | Permalink
In the budget for 2014-15, the Government has proposed changes to the current privacy and Freedom of Information (FOI) arrangements through which the Government has stated that it will achieve savings of $10.2 million over four years. Under the new arrangements, privacy functions will still be undertaken by the Privacy Commissioner. However the Privacy Commissioner will be an independent statutory position within the Australian Human Rights Commission. read more
May 14, 2014 4:31 PM | Posted by Amy Surkis | Permalink
On Friday 11 April 2014, Alphapharm was granted special leave to appeal to the High Court against the decision of the Full Federal Court in Aspen Pharma Pty Ltd v H Lundbeck A/S [2013] FCAFC 129. read more
May 13, 2014 4:57 PM | Posted by Margaret Gigliotti and Paul Kallenbach | Permalink
Following an own motion investigation into a data breach suffered by Multicard Pty Ltd (Multicard), the Privacy Commissioner found that Multicard failed to take reasonable steps to ensure the security of personal information, and requested that Multicard commission an external privacy and security auditor to certify Multicard's implementation of agreed improvements to its privacy practices and information security systems. read more
May 8, 2014 4:19 PM | Posted by Harry Aitken and Paul Kallenbach | Permalink
The Federal Privacy Commissioner recently determined that AeroCare Pty Ltd, an outsourced flight support company, infringed the National Privacy Principles by questioning a disabled man about his medical condition in the presence of other passengers. read more
May 6, 2014 5:11 PM | Posted by Helen Paterson and Charles Alexander | Permalink

Carlton and United Breweries (CUB) has given the ACCC a court-enforceable undertaking after acknowledging that the labelling for Byron Bay Pale Lager (the Lager) may have misled consumers.

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May 6, 2014 8:47 AM | Posted by Charles Alexander | Permalink
For Privacy Awareness Week, Minter Ellison's Charles Alexander discussed some of the key issues with Privacy Commissioner Timothy Pilgrim. The three parts cover issues including the Australian Privacy Principles, the ‘Heartbleed bug’ and the privacy implications of social media for employers and prospective employees. read more
May 2, 2014 10:41 AM | Posted by Tarryn Ryan and Paul Kallenbach | Permalink

New email app, Acompli, launched recently with much hype around its functionality for those who want to do more with their emails on their mobile device than simply checking new messages and quickly firing off the occasional reply.

Significantly, however, Acompli's servers are located in the US. By allowing Acompli to access your work email and replicate your email and attachments on its servers, you may be 'disclosing' personal information to an overseas recipient and putting your employer at risk of breaching the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth).

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