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Know-how vs confidential information
Understand the difference between “know-how” and confidential information when it comes to employer-employee relationships. Find out how to protect confidential trade secrets and use broad contractual terms to ensure protection. Click through to get the full details.
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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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e-Signatures – legally binding on companies?
E-signatures are becoming increasingly popular, but are they legally binding? Find out in this article, which examines the Adelaide Bank case and reveals the limitations of e-signatures when it comes to executing a deed. Click through to learn more.
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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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Compilations from the public domain – confidential or not?
The Court of Appeal in Ezystay Systems Pty Ltd v Link 2 Pty Ltd [2014] NSWSC 180 had to re-examine the test for confidential information. It found that for information to be protected, it must have the necessary attributes of confidentiality and must be the product of skill and ingenuity of the human brain.
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Shareholder oppression – valuation issues
The Federal Court granted an order for the inspection of books of the defendant company in Rasley (Singapore) Pte Ltd v Financial & Energy Exchange Ltd [2020] FCA 1462, subject to conditions, as the applicant had established a proper purpose and good faith.
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Tort of conspiracy & confidential info
Australian Intelligence Community (AIC) and PC Falk issued decision in Uber Technologies and Uber B.V. investigation, providing guidance on Privacy Act 1988 (Cth) compliance and penalties. Uber ordered to implement plans, policies and programs and engage independent expert to ensure compliance.
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Injunctions granted for breach of confidence
Court denied injunction due to lack of precision in describing confidential info. Businesses should review procedures to ensure secure info.
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Patentability of computer-implemented inventions
The question of patentability of so called “computer-implemented” inventions has been the subject of legal debate in Australia for a number of years. The September 2018 of the Full Court of the Federal Court in Encompass Corporation Pty Ltd v Infotrack Pty Ltd [2019] FCAFC 161 was long anticipated by intellectual property lawyers and patent…
