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Computer code libraries and copyright ownership
The Australian case of Redrock Holdings Pty Ltd and Hotline Communications Ltd v Hinkley [2001] VSC 91 has shed light on how the ownership of copyright in code libraries is determined. Learn more about the dispute and its implications for copyright ownership in this blog post.
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New safety standards proposed for online platforms
The Australian Government has proposed an Online Safety Act that could significantly change the way businesses manage user-generated content online. Find out how this proposed Act could affect your business and how you can prepare for it.
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IP contracts subject to restrictive trade practice provisions
Learn how the repeal of Section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) affects businesses licensing or assigning intellectual property (IP) rights and the penalties associated with a breach with this comprehensive guide.
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Has my software been copied? – legal test explained
This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…
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A bet or a game? The Lottoland decision
The Supreme Court of New South Wales has ruled in favour of Lottoland Australia Pty Ltd, affirming that its disputed products fall under the exception of an Excluded Wagering Service as defined by the Interactive Gambling Act 2001 (Cth), clarifying the distinction between ‘bets’ and ‘games’.
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Confusing marks – Sensis v Senses
Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd [2019] FCA 719: Court ruled SENSES marks deceptively similar to SENSIS marks, highlighting importance of engaging intellectual property lawyers when building a brand. Marks can be infringing if spelling is only slightly different, if it resembles another and likely to deceive and cause confusion.
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Technology startups – top 5 legal considerations
Start your tech startup on the right footing by considering the top five (5) legal considerations: entity structure and asset protection, intellectual property (IP), confidentiality, contracts, privacy and compliance.
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Legal concerns in software support agreements
Software developers must consider tech and product support services when taking software to market, such as differences between technical and product support, supported and non-supported items, and differences between installed and hosted software support agreements.
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Abhorrent violent content prohibited
Organizations hosting abhorrent violent material, such as terrorism, murder, torture, rape and kidnapping, now face hefty fines under the Criminal Code Amendment Act 2019 (Cth), up to 50,000 penalty units or 10% of annual turnover.
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