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Understanding contributory liability in patent infringement
In Australia, the Patent Act 1990 (Cth) provides protection for inventors by preventing others from using, making, or selling patented inventions without permission. The Act also extends liability to parties that are not directly infringing patents but may contribute to or enable patent infringement by supplying a product.
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Shareholders’ rights to inspect books under s 247A Corporations Act
A shareholder of a company can apply to the Court seeking an order that it be provided with access to the company’s books and records under certain circumstances, provided that the shareholder is acting in good faith and seeking inspection for a proper purpose.
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Point in time valuation and minority shareholder oppression
Shareholder oppression, or minority shareholder oppression, is generally thought to occur when the majority shareholders misuse their power to oppress or control the minority.
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Damages for misleading conduct by competitors under ACL
Section 236 of the Australian Consumer Law (ACL) entitles any person, including corporations – to claim compensation for loss or damage suffered from misleading or deceptive conduct. The High Court has developed numerous general principles for assessing loss or damage which we will discuss in this article.
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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 OAIC guidance on Artificial Intelligence
On 21 October 2024, the Office of the Australian Information Commissioner (OAIC) published two (2) new guides on artificial intelligence (AI), purportedly in effort to make privacy compliance easier for business.
