Technology law

  • Is using a trade mark in AdWords considered infringement?

    Is using a trade mark in AdWords considered infringement?

    A Court concluded that a company had infringed a trade mark using Google AdWords in Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255. Click through to learn more about the dispute, and the learning points and takeaways.

  • Copyright infringement for computer code

    Copyright infringement for computer code

    Computer code is automatically protected by copyright. Unauthorised reproduction of it may constitute an infringement, as illustrated by two federal cases. To understand copyright infringement with respect to computer code, read “Who owns the code?”

  • Who holds ownership of the code?

    Who holds ownership of the code?

    Understand who owns the computer code used in software development projects. Consider employee or contractor engagement, joint ownership, and assignment of copyright to ensure your project is protected.

  • ASIC issues statement on Initial Coin Offering

    ASIC issues statement on Initial Coin Offering

    The Australian Securities and Investments Commission releases an Information Sheet to help companies with Initial Coin Offerings (ICOs), but Commissioner John Price warns of the speculative and unregulated nature of investing in them.

  • Do you need to disclose a database?

    Do you need to disclose a database?

    This article looks at the disclosure requirements for civil litigation in Queensland, and whether computer databases are considered ‘documents’ in this context. Get an overview of the relevant legal precedent and definitions, and discover the key points to consider.

  • What exactly is an Initial Coin Offering?

    What exactly is an Initial Coin Offering?

    With the rise of cryptocurrencies (think Bitcoin and Ethereum), start-up businesses have engaged in a new method of sourcing funding from would-be investors – Initial Coin Offerings (ICOs).  ICOs are becoming an increasingly popular method for new businesses to raise money in a short period of time with minimal effort.  As ICOs are a new…

  • Software as a service (SaaS) contracts

    Software as a service (SaaS) contracts

    Drafting a SaaS (Software-as-a-Service) contract requires careful legal consideration. This article covers the business model, Australian Consumer Law (ACL), jurisdiction and choice of law, third party access, data, user-generated content, intellectual property (IP) ownership and major clauses. Learn how to ensure an effective SaaS contract is in place.

  • Software licences classified as “goods” under the ACL

    Software licences classified as “goods” under the ACL

    This Federal Court case highlights the risks of supplying goods and services to Australian consumers. Companies should be aware of their legal obligations and seek advice to ensure their contractual terms comply with Australian Consumer Law. Find out more about the case and its implications.

  • Are software developers responsible for defects in their software?

    Are software developers responsible for defects in their software?

    Software developers in Australia may face legal liability in negligence and under the Australian Consumer Law. This article examines what is required for negligence in the context of relevant case law.

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