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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…
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Financial forecast risks for businesses
Article Summary: When faced with patent infringement allegations, a respondent may cross-claim for invalidity. This article examines the factors to be considered when the Federal Court of Australia makes a security for costs order against the cross-claimant.
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Phasing out the innovation patent system
The Senate has recommended a bill that could have a major impact on small and medium-sized businesses. Find out what changes are proposed and what it could mean for your intellectual property.
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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.
