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Federal parliament enacts cyber security legislation
On 25 November 2024, the Australian Parliament passed a suite of legislation, collectively referred to by the Australian Government as the Cyber Security Legislative Package 2024. The purported impetus for this legislation was a series of high-profile data breaches in 2022 and 2023.
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Updates to the Franchising Code of Conduct
The current Franchising Code of Conduct (Old Code) is scheduled to “sunset” (meaning it will automatically expire unless extended or replaced) on 1 April 2025, with the Competition and Consumer (Industry Codes–Franchising) Regulations 2024 (Cth) (New Regulations) coming into effect on the same date.
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Cross-border licensing – Maxim Media Inc. v Nuclear Enterprises
The Federal Court decision in Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443 involved an interlocutory application seeking injunctive relief by Maxim Media Inc. and Maxim Inc. (together, Maxim) (Applicants) for alleged breaches of sections 18 and 29 of the Competition and Consumer Act 2010 (Cth), passing off and infringement of a…
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Domain name disputes – a summary of the process
A domain name is a string of text that maps to an alphanumeric IP address, enabling users to access websites through client-side software.[1] Domains can be valuable business assets, and they frequently become the subject of disputes regarding the legitimacy of their registration among organisations with competing rights.
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New Anti-Money Laundering Bill introduced
On 11 September 2024 the (Bill) was introduced to the House of Representatives.[1] The Bill will amend the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) to include provisions regarding deterrence, detection and disruption of money laundering and terrorism financing.[2] Most changes will take effect from 31 March 2026.
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Advantages of international arbitration
International commercial arbitration offers significant benefits to businesses engaged in international transactions. It enables them to resolve disputes quicker, at a lower cost, and with greater enforceability than can normally be achieved through national Courts.
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Arbitration clauses in international contracts
Arbitration is a private process where parties to a commercial contract agree (Arbitration Agreement) to let an arbitrator[1] (Arbitrator) make a binding decision on a dispute between them, without recourse to national Courts. The Arbitrator receives evidence, hears arguments and applies relevant law to reach a binding decision, called an award (Award). The Arbitrator’s decision…
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Misuse of confidential information within source code
In Australia, computer code can amount to confidential information as well as being subject to copyright protection. In some cases the two things overlap as was the case in decision of the Court in Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21.
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Updated USPTO guidelines on AI assisted inventions
In response to the Biden administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States Patent and Trademark Office (USPTO) issued inventorship guidance for artificial intelligence (AI) assisted inventions. These…
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