-

Emojis used online can be defamatory – watch out!
This Australian Court case is the first to consider whether emojis can be defamatory. Find out what the Court concluded about this novel legal question.
-

Preliminary discovery granted in patent litigation
The Federal Court has weighed the patentee’s right to protect their intellectual property against the threshold for suspected patent infringement. Learn more about this case and its implications by reading the full article.
-

Consolidation of proceedings – Federal Court
Rule 30.11 of the Federal Court Rules 2011 (Cth) allows the Court to consolidate or hear together/consecutively related proceedings. This article examines the factors for the Court to consider and steps for parties seeking an order.
-

Indirect patent infringement – lessons from Quaker Chemical
Company found to have indirectly infringed two patents by supplying product to customers. Suppliers must be aware of customer use to avoid patent infringement.
-

Aristocrat wins big in Federal Court ruling
In the Federal Court’s decision of Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778, the Court found that a claim for an electronic gaming machine with a combination of physical parts and computer software for gameplay did constitute patentable subject matter.
-

Patent granted for software tracking user actions
A decision by Australian Patent Office provides insight into patentable subject matter for computer-implemented inventions. Case of Facebook, Inc. [2020] APO 19 is a successful example of technical improvement in computer-implemented method, resulting in patentability even with generic computer implementation.
-

Use of IRUs in a telecommunications capacity
Learn how to structure IRUs for tax compliance and ensure your cable system capacity services are secure. Discover the key elements you need to include in your agreement to guarantee exclusive access and economic ownership rights.
-

Force majeure clauses tested by pandemic
Explore how COVID-19 may affect contractual obligations through an in-depth look at the legal concept of force majeure. Learn about the elements, nuances, requirements, and insurance implications of this technical area of contract law.
-

Marketplace terms and conditions – legal issues
This article explores essential terms and considerations for building marketplace terms and conditions, including establishing the position of the platform operator, user accounts, payment options, intellectual property, disclaimers, liability, indemnities, and the Australian Consumer Law.





