Technology


July 24, 2017 8:30 AM | Posted by Maiken Hansen | Permalink
On 28 June 2017 Canada's Supreme Court upheld a decision ordering Google to remove links to websites unlawfully selling the intellectual property of another company. The Judges (7-2) in Google Inc. v. Equustek Solutions Inc maintained that Canadian courts had authority to issue an injunction forcing Google, a non-party to the initial proceedings, to delete search results, not only within Canada but globally. read more
June 29, 2017 11:39 AM | Posted by Leah Mooney, Paul Kallenbach, Veronica Scott | Permalink
Just when Australian businesses thought they had escaped the worst of WannaCry, there's a new ransomware campaign hot on its heels and reportedly exploiting the same vulnerability. read more
June 5, 2017 3:35 PM | Posted by Helen Lauder, Veronica Scott | Permalink
The Office of the Australian Information Commissioner (OAIC) last week released four resources on the mandatory data breach notification scheme (DBN scheme)  for consultation. read more
May 21, 2017 5:16 PM | Posted by Veronica Scott, Cathy Lyndon | Permalink
Privacy iconMany of our clients introduce new technologies into their workforce with the aim of improving safety – recently we have seen employers, ranging from emergency services and health providers to construction firms, introducing body cameras, and there are plenty of smart phone apps which assist with WHS compliance. read more
March 17, 2017 5:00 PM | Posted by Paul Kallenbach | Permalink

We are delighted to announce the publication of our second annual cyber security survey report, Perspectives on Cyber Risk 2017.

The 12 months since the publication of our last report has seen some of the most devastating cyber incidents yet.  No organisation type or industry has been spared. From finance, retail, hospitality and healthcare, to mining and resources, utilities, professional services and education – it's clear that everyone is fair game in cyberspace.

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January 31, 2017 10:38 AM | Posted by John Steven & Paul Kallenbach | Permalink

Heard of a recent IT project failure?  No?  Maybe you need to get out more.

If there is one topic on which many organisations don’t seem to need any guidance, it is on how to run an IT project off the rails.

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January 24, 2017 4:13 PM | Posted by Veronica Scott, Helen Lauder | Permalink
Kick-starting the privacy debate in Australia in 2017, the Full Federal Court has handed down its judgment in Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4.  read more
January 16, 2017 5:03 PM | Posted by Gus Lightowlers | Permalink

Approximately two years ago, the US Supreme court in the Alice decision considered the in-principle patentability of software patents. Since then, gaining US software patents has been very difficult.

In 2016, the United States Court of Appeals for the Federal Circuit has considered numerous appeals from district courts relating to patentable subject matter. This blog post discusses the two-step test from the Alice decision and how the test was applied by the Court in 2016, the developing trends for patentable subject matter in the US as it relates to software patents and the take-away messages for 2017.

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December 16, 2016 8:00 AM | Posted by Helen Lauder & John Fairbairn | Permalink
Foxtel and a number of movie studios have secured the first site blocking orders in Australia.  The orders require the major Australian ISPs, on a no fault basis, to block access to a number of infamous sources of illegal content, namely, The Pirate Bay, TorrentHound, IsoHunt, Torrentz and SolarMovie.  It is a positive step for creative industries and their ongoing initiatives to stop illegitimate free sources of their content. read more
October 21, 2016 8:48 AM | Posted by Veronica Scott, Susan Walsh, Nicole Franklin | Permalink
Australia finally looks set to have a new national mandatory notification laws for data breaches. read more
August 26, 2016 9:50 AM | Posted by Veronica Scott | Permalink
The OAIC this week issued its 40 page joint report with its Canadian counterpart of their joint investigation into the data security practices of Ashley Madison adult dating website operator Avid Life Media. The website suffered a large scale breach affecting individual users in multiple countries. read more
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
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
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
May 9, 2016 3:34 PM | Posted by Alexander Horton | Permalink
Last Thursday, the High Court refused RPL Central's application for special leave to appeal the Full Federal Court decision denying patentability to its computer-implemented invention. In December 2015, the Full Court held that the computer-implemented nature of RPL's business scheme was not sufficient to transform it into a patentable invention. read more
April 29, 2016 3:38 PM | Posted by Jonathan Kelp and Rebecca Pereira | Permalink

Today, the Productivity Commission released its draft report into Australia's intellectual property regime. The report is wide-ranging, covering patents, copyright, trade marks, designs, international trade obligations and other issues. Submissions in response to the draft recommendations have been sought by Friday 3 June 2016.

In general, the Commission has taken a consumer-favourable approach as to the reforms that it considers are required to the Australian intellectual property regime – flagging, in particular, the growing disparity between Australian intellectual property imports over its exports. If, however, Australia's economy is to ultimately transition to being an intellectual property producer (and therefore net exporter) – an underlying theme of the current Federal Government's innovation agenda – then adopting a strong pro-consumer (ie net importer) stance may not lead to favourable long term growth outcomes should Australia succeed in effecting this transition.

This post outlines our initial thoughts on the key issues addressed in the report in relation to patents and pharmaceuticals. In follow-up posts, we will consider copyright, trade marks and other aspects of the Report.

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April 26, 2016 9:00 AM | Posted by James Patto | Permalink
When Neo consulted the 'oracle' in the Matrix movies, he was left confused and uncertain as to whether the Morpheus-led campaign to name him the 'chosen one' was true.  One of the oracle's more famous quotes was that 'we are all here to do what we are all here to do' ... a sentiment that Oracle Corporation of Redwood City, California, may well agree with ... read more
April 21, 2016 9:06 AM | Posted by James Patto | Permalink
The hack of toy manufacturer VTech's computer systems, which was disclosed by the company late last year, has highlighted various privacy concerns with, and vulnerabilities of, the Internet of Things (IoT) phenomenon. read more
April 8, 2016 11:49 AM | Posted by James Patto & Paul Kallenbach | Permalink

Welcome to the third instalment of the 'When IT hurts, it hurts: Mitigation strategies for cyber attack loss' blog series.  Coinciding with the release of MinterEllison's cyber survey report, Perspectives on Cyber Risk (the Report), this series focuses on key areas of loss that an organisation may suffer as a result of a cyber attack, and key strategies to mitigate that loss.

Today's blog post looks at two other feared exposures of our survey respondents - business interruption and loss of confidential information and intellectual property.

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March 8, 2016 10:37 AM | Posted by Brad Woods | Permalink
The NSW Legislative Council Standing Committee on Law and Justice released its Final Report into 'Remedies for the Serious Invasions of Privacy in New South Wales' on 3 March 2016. read more
March 8, 2016 10:26 AM | Posted by James Patto, Paul Kallenbach, Veronica Scott | Permalink
Welcome to the second instalment of the 'When IT hurts, it hurts' series on cyber attack loss. Coinciding with the release of MinterEllison's cyber survey report, Perspectives on Cyber Risk (the Report), this series focuses on key areas of loss that an organisation may suffer as a result of a cyber attack, and key strategies to mitigate that loss. read more
March 2, 2016 12:26 PM | Posted by Hugh Bastiaan, Glen Ward, Paul Kallenbach | Permalink
Heralded as 'an epic fight pitting privacy against national security', the recent case between Apple and the FBI in the United States has seen a litany of debate, both legal and political. read more
February 3, 2016 7:01 PM | Posted by Paul Kallenbach | Permalink

We are pleased to announce the publication of our inaugural cyber security survey report - Perspectives on Cyber Risk.

Our survey results reflect that cyber attacks are occurring on a regular basis, across all organisations types, and in almost every industry; that cyber security is front of mind for many Australian organisations; and that for many (though not all) organisations, cyber resilience is considered a whole-of-enterprise challenge.

Our survey also found that many organisations perceive they have a satisfactory understanding of, and a satisfactory capability to prevent and deal with, cyber attacks. Unfortunately, this perception is not always reflected in the practical measures that organisations are adopting to mitigate cyber risk and increase their cyber resilience. 

You can download the report here.

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December 21, 2015 4:55 PM | Posted by George McCubbin | Permalink
In its long awaited decision Commissioner of Patents v RPL Central, the Full Federal Court has rejected another computer-implemented invention for failing to constitute patentable subject matter. In doing so, Justices Kenny, Bennett and Nicholas overturned the decision of the trial judge, Justice Middleton, delivered in August 2013. The decision has implications for any software developers. read more
December 16, 2015 8:00 AM | Posted by Katherine France | Permalink

Purveyors of small print terms beware. 

Business-to-business transactions will start being caught by the unfair contract terms regime under the Australian Consumer Law and the Australian Securities and Investments Commission Act 2001  from 12 November 2016.

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December 15, 2015 12:44 PM | Posted by James Patto & Paul Kallenbach | Permalink
November 25, 2015 4:46 PM | Posted by Paul Kallenbach & James Patto | Permalink
For perhaps the first time since the Copyright Amendment (Online Infringement) Act 2015 (Website Blocking Act) became law, there has been the publication of a demand for an internet service provider (ISP) to block access to an overseas website. More particularly, residential builder Simonds Homes has demanded that a small (as yet unnamed) ISP block access to a website hosted in India. read more
November 2, 2015 10:37 AM | Posted by Tarryn Wood | Permalink
The South Australian Supreme Court has found that Google published defamatory statements that appeared in autocomplete and related search terms on its search engine, after it received notice of the defamatory material and failed it remove it. read more
September 10, 2015 10:30 AM | Posted by Helen Lauder | Permalink
The Crimes Act 1914 (Cth) was recently amended to increase the Commonwealth penalty unit from $170 to $180. The penalty unit will also be subject to CPI indexation every three years starting on 1 July 2018. read more
September 1, 2015 4:18 PM | Posted by Paul Jeffreys & Paul Kallenbach | Permalink
The Ashley Madison saga continues. As we foreshadowed in our earlier blog post, Avid Life Media Inc (ALM), the Canadian-based provider of the extramarital dating site, has been hit with lawsuits in Canada and the United States, flowing from the posting online, by the hacker group 'Impact Team', of personal information (including highly sensitive information) pertaining to the site's many millions of users. read more
August 31, 2015 11:30 AM | Posted by Shyama Jayaswal | Permalink
The Full Federal Court of Australia has issued three important decisions regarding provisions in patent licenses.  The decisions underscore the importance of paying attention to the fine detail of patent licences during their negotiation. read more
August 21, 2015 9:00 AM | Posted by James Patto and Paul Kallenbach | Permalink
Consistent with a May decision of the Privacy Commissioner determining that metadata can be 'personal information' under the Privacy Act 1988 (Cth), the Office of the Australian Information Commissioner has released a privacy business resource intended to assist telecommunication companies and ISPs to comply with their obligations in respect of the storage and management of metadata. read more
August 18, 2015 10:50 AM | Posted by Jonathan Kelp & Timothy Gorton | Permalink
The ongoing dispute between Dallas Buyers Club LLC (DBC), rights holder of the film of the same name, and the internet service providers (ISPs) who hold the key to the identities of alleged copyright infringers, has taken another turn. read more
August 11, 2015 9:00 AM | Posted by James Patto & Paul Kallenbach | Permalink
Following a Federal Circuit Court decision in 2014, the United States Supreme Court has refused to hear Google's appeal against Oracle regarding whether application programming interfaces (APIs) for the computer language Java are capable of attracting copyright protection. By refusing to hear this appeal, the highest court in the US has effectively declared that copyright may subsist in APIs, overruling Judge William Alsup's first instance decision. read more
May 18, 2015 4:45 PM | Posted by Tarryn Wood and Veronica Scott | Permalink
Last week a US federal appeals court ruled that the NSA's mass collection of telephone metadata is not in fact authorised by the Patriot Act as the US government has long maintained. The NSA's collection of this data was made infamous by the revelations of former NSA contractor, Edward Snowden, and The Guardian newspaper in 2013. read more
May 5, 2015 2:15 PM | Posted by Timothy Gorton & Paul Kallenbach | Permalink
In 2012, this blog discussed the High Court's decision in Andrews v ANZ [2012] HCA 30 and how it changed our understanding of the penalties doctrine in contract law.  A recent decision of the Full Federal Court has again shifted the goalposts in the area, with potential ramifications for technology contracts. read more
April 28, 2015 9:50 AM | Posted by James Patto, Lucy McGovern & Paul Kallenbach | Permalink

Online infringers will soon receive a series of notices from their ISP under the proposed Copyright Notice Scheme 2015 (the Code).

The primary Australian telecommunications industry body, Communications Alliance, has submitted the final version of the Code for review and approval by the Australian Communications and Media Authority (ACMA). If the Code is approved, the majority of Australian ISPs must send notices to alleged copyright infringers at the request of a copyright owner. After a user receives 3 notices in a 12 month period, the ISP must then assist the copyright owner if it applies to the court for preliminary discovery to identify the alleged infringers.

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April 7, 2015 9:38 AM | Posted by McCubbin, George | Permalink
In Pocketful of Tunes Pty Ltd v The Commonwealth of Australia [2015] ACopyT 1, Justice Bennett (President) of the Copyright Tribunal of Australia had to assess compensation for the unlicensed use of a song by the Commonwealth. read more
April 2, 2015 10:46 AM | Posted by Lucy McGovern & Paul Kallenbach | Permalink
Data retention laws have passed through the Senate and House of Representatives with bi-partisan support. In essence, the laws require Australian telcos and ISPs to retain metadata for 2 years, unless they obtain an exemption. This article considers the reforms and their implications. read more
March 31, 2015 10:08 AM | Posted by Paul Kallenbach | Permalink

Technology contracts (like other commercial agreements) often contain an express right for a party to terminate the contract in the event of a 'material breach' by the other party. 

But what degree of non-compliance with the contract is necessary to constitute a 'material breach'? Until recently, this has been somewhat ambiguous, with different jurisdictions taking different approaches. However, a recent case has aligned the position in Victoria with those of New South Wales and Queensland.

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March 26, 2015 9:00 AM | Posted by George McCubbin | Permalink
In Damorgold Pty Ltd v JAI Products Pty Ltd [2015] FCAFC 31, the Full Court of the Federal Court of Australia considered in what circumstances the doing of a single act, prior to the priority date of the patent, will destroy novelty under s 7(1)(a) of the Patents Act 1990 (Cth). read more
January 21, 2015 11:06 AM | Posted by Lucy McGovern & Charles Alexander | Permalink
The Office of the Australian Information Commission released a new Guide to Securing Personal Information which replaces the Guide to Information Security which was issued in April 2013. read more
November 12, 2014 9:00 AM | Posted by Joseph Cram | Permalink
In a recent privacy decision (DK and Telstra Corporation Limited [2014] AICmr 118), the Privacy Commissioner made a determination that Telstra Corporation Limited ('Telstra') apologise, update its privacy policy and collection notices, and pay $18,000 to a family law judge ('DK') as a result of Telstra's breach of National Privacy Principle ('NPP') 1.3 which constituted an interference with DK's privacy. The breach resulted from a failure by Telstra to inform DK that his information would be included in the White Pages (and therefore disclosed to the public). read more
November 10, 2014 4:48 PM | Posted by Stephen Worthley | Permalink
Today, the Full Court of the Federal Court of Australia handed down its decision in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150, regarding the patentability of computer software and business methods. read more
October 17, 2014 2:41 PM | Posted by Geraldine Johns-Putra | Permalink
It has not been a widely publicised event, but as of earlier this year, cloud service providers have had their own global industry standard for data security.  In July 2014, the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) formally adopted ISO/IEC 27018, the first international standard governing the processing of personal data by cloud service providers. read more
September 2, 2014 6:00 PM | Posted by Emily Hawcroft, Charles Alexander, Paul Kallenbach | Permalink
It's been an active and interesting 18 months in the ever-changing Australian copyright sphere. From copyright reform to copyright in compilations, from the dangers of litigation to the unlicensed use of stock photography, we've collated a summary of the more significant developments over that time which may be helpful or instructive when similar issues arise. read more
August 25, 2014 3:00 PM | Posted by Charles Alexander and Helen Paterson | Permalink

On 30 July 2014, the Government released its Online Copyright Infringement Discussion Paper (Discussion Paper).  The Discussion Paper contains a number of proposals designed to address online piracy.  The proposals relate to the extension of authorisation liability for copyright infringement, the availability of injunctive relief to block infringing overseas websites and the extension of the safe harbour scheme that is currently restricted to carriage service providers.

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August 15, 2014 3:27 PM | Posted by Loren Blumgart & Anthony Borgese | Permalink
The Office of the Australian Information Commissioner has released a revised version of its "Guide to Information Security: 'Reasonable steps' to protect personal information" (the Revised Guide).  The Revised Guide aims to provide more clarity in assisting organisations and government agencies in meeting their information security obligations under the Privacy Act 1988 (Cth).  In this article we look at the key elements of the Revised Guide. read more
August 12, 2014 9:38 AM | Posted by Harry Aitken & Paul Kallenbach | Permalink
The Commonwealth Department of Finance (Finance) has released a Discussion Paper on Cloud Procurement (Paper) which proposes the introduction of a whole-of-government procurement panel (Panel).  Finance's aim is to provide 'simple access to cloud procurement' and to 'support a flexible, agile and competitive marketplace for cloud services'. read more
August 7, 2014 2:32 PM | Posted by Loren Blumgart | Permalink
On 26 June 2014, the European Commission (EC) released the 'Cloud Service Level Agreement Standardisation Guidelines' (the Guidelines) to assist EU businesses in using cloud services. The Guidelines were developed as part of the EC's Cloud Strategy, which aims to increase trust in cloud services, by improving the clarity in understanding the technical and legal aspects of services described in cloud service contracts (known as service level agreements (SLAs)). Contributors to the development of the Guidelines include Google, IBM, Microsoft and SAP, which marks the first time that large cloud service providers have agreed on common guidelines for SLAs. read more
August 6, 2014 10:28 AM | Posted by Harry Aitken | Permalink
Sony has agreed to a preliminary settlement of $15 million (USD) in a class action law suit over cyber-attacks on its networks in 2011. The settlement, which follows a £250,000 penalty imposed by UK authorities against the tech giant in 2013, serves as a salient reminder that companies may be exposed to significant liability if they fail to protect their users' personal information. read more
July 15, 2014 3:26 PM | Posted by Tsang, Gilbert | Permalink
The risk of failing to establish that a competitor has engaged in trade mark infringement is magnified when a registered trade mark owner has opted to use highly descriptive words, synonymous with the relevant field of business as, or as part of, their trade mark.  In a recent appeal decision, the Full Court of the Federal Court of Australia upheld a decision that a composite registered device trade mark containing the words "LIFTSHOP" was not infringed by a competitor who included the words "Lift Shop" in the title of their web page when shown in a page of search results.  The Full Court's decision was based on a finding that the trade mark owner had not shown that the use of the words "Lift Shop" in the search results page amounted to use "as a trade mark". read more
June 26, 2014 3:07 PM | Posted by Nicole Reid | Permalink
The Western Australian Supreme Court has recently handed down a decision finding that a farmer who grew a genetically modified (GM) canola crop was not liable for economic loss suffered by his neighbours whose organic certification was suspended after GM material blew onto their farm. read more
June 25, 2014 5:48 PM | Posted by Stephen Worthley | Permalink
In March this year, we blogged about a United States case, Alice Corporation Pty Ltd v CLS Bank International, relating to the patentability of business methods and computer-implemented inventions.

Now, the Court has handed down its decision, finding all of the patent claims unpatentable because they were merely directed to an "abstract idea," and so did not constitute patentable subject matter. This has important implications for Australian inventors seeking international patent protection.

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 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
April 29, 2014 8:11 PM | Posted by Megan Evatts | Permalink
The USPTO's recently issued guidance memorandum entitled Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products (Guidance) has provoked some strong reactions amongst the US intellectual property community, ranging from "concern" to "horror" at the potential reach of the Guidance. read more
April 17, 2014 4:00 PM | Posted by Nicole Reid and Paul Kallenbach | Permalink
The Court of Justice of the European Union has recently held that providing a clickable link to a work on a website without the permission of the owner of the copyright in that work does not amount to infringement of copyright. read more
April 11, 2014 9:04 AM | Posted by Linh Nguyen | Permalink
The Australian Government has released a consultation paper seeking submissions on the development of an IP toolkit aimed at reducing the length and complexity of negotiations on IP between publicly funded research organisations and industry. read more
April 4, 2014 9:36 AM | Posted by Nicole Reid and Paul Kallenbach | Permalink
The Federal Circuit Court recently found against a travel agent who had posted a stock image on her website without obtaining a licence. read more
April 2, 2014 12:51 PM | Posted by Stephen Worthley | Permalink
The US Supreme Court heard oral arguments this week about the patentability of business methods and computer-implemented inventions, in Alice Corporation Pty Ltd v CLS Bank International. It is an appeal from a splintered decision of the Federal Circuit, in which 10 judges couldn't reach a majority decision. A decision from the Supreme Court is expected towards the middle of 2014. read more
March 27, 2014 5:41 PM | Posted by Florian Poetzlberger | Permalink
The Australian Law Reform Commission has recommended the introduction of a broad fair use exception to copyright infringement, similar to that in the US.  Florian Poetzlberger, a lawyer recently visiting us from Germany, explains that a similar debate is also raging in the EU. read more
March 24, 2014 3:38 PM | Posted by Paul Kallenbach | Permalink
Our patent team reviews key patent law developments from last year, and provides their predictions for 2014. read more
March 17, 2014 3:58 PM | Posted by Gilbert Tsang | Permalink
The Federal Court has recently explored new territory in considering the statutory right to terminate a contract under section 145 of the Patents Act 1990 (Cth), finding that a licensee was not able to invoke the statutory right because only some, and not all, of the licensed patents relating to the invention had expired. read more
February 13, 2014 11:42 AM | Posted by Paul Jeffreys and Paul Kallenbach | Permalink
Contracts are used to allocate risk between the contracting parties.  One mechanism for doing so in a contract is by using limitation and exclusion of liability clauses. read more
February 26, 2013 12:00 AM | Posted by Posted by Benita McLennan and Peter Kearney | Permalink
Most users of Apple Inc. (Apple) devices, such as iPads and iPhones, are familiar with the Apple 'App Store'. Using the App Store, users can browse and download applications for free or at a cost to their device. The App Store was first launched in the US in July 2008. It also launched in Australia in 2008. read more
January 10, 2013 12:00 AM | Posted by Posted by Alberto Colla | Permalink
Crowd funding is currently receiving significant media attention in Australia, with today's edition of The Australian Financial Review devoting commentary to this topic with a prominent article on page 3 [registration required].

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December 20, 2012 12:00 AM | Posted by Posted by Tarryn Ryan and Paul Kallenbach | Permalink
The past few days have been eventful to say the least for Instagram and Instagram users. On Monday, Instagram proposed new changes to its privacy policy and terms of service that sent users on a war path. Just as remarkable was Instagram's rapid response and backflip following the outcry. read more
December 19, 2012 12:00 AM | Posted by Posted by Tarryn Ryan and Paul Kallenbach | Permalink
In a recent decision of the District Court of New York, the HathiTrust Digital Library's 'digitisation' of literary works was held to fall within the fair use exception to copyright infringement because of the purposes behind the making of the reproductions. This decision has significant implications for the US fair use doctrine in the digital age. read more
December 3, 2012 12:00 AM | Posted by Posted by Tarryn Ryan and Paul Kallenbach | Permalink
You may have seen the Facebook post that went viral over the last week or so, supposedly invoking copyright protection over everything you've ever uploaded to Facebook. There were similar posts on privacy rights going around earlier this year when Facebook was floated on the stock market. read more
October 19, 2012 4:46 PM | Posted by Paul Kallenbach | Permalink
The Federal Government has released a Discussion Paper on mandatory data breach notification. You can read our alert here. read more
August 21, 2012 5:46 PM | Posted by Lucy McGovern and John Fairbairn | Permalink
On 20 August 2012, the Australian Law Reform Commission (ALRC) released its IssuesPaper for the inquiry into Copyright and the Digital Economy. The Paper sets out 55 questions reflecting the issues that will be the focus of the Inquiry as well as proposed guiding principles for reform. read more
August 8, 2012 10:29 AM | Posted by Kate Vaughan and Anthony Borgese | Permalink
Last month, the Advertising Standards Bureau (ASB) made two determinations that will change the way businesses use Facebook to promote brands. read more
January 13, 2011 12:00 AM | Posted by Posted by Tarryn Ryan and Paul Kallenbach | Permalink
2012 has been a big year in the TMT space. We've had Apple and Samsung fighting it out across the globe over patent rights, the highly anticipated High Court judgment in Roadshow Films v iiNet,[1] and even the announcement of Google Glasses. So what exciting things does 2013 have in store for us, and what will the fallout be from the major events of 2012? Here are some predictions for the coming year. read more