Government response to Digital Platforms Inquiry released
Just in time for Christmas, the Government has publicly released its much anticipated response to the recommendations made under the Australian Competition and Consumer Commission’s (ACCC) final report into the Digital Platforms Inquiry on 26 July 2019. The ACCC’s broad reaching report made 23 recommendations in relation to competition law, consumer protection, media regulation, and […]
ReadmoreFMCG Express | September Edition
Gadens has brought together a selection of articles from our top lawyers operating across the FMCG sector, to bring you the September edition of the FMCG Express. Covering recent stories such as the Kraft vs Bega dispute, the advertising campaign by Ad Standards and Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] […]
ReadmoreDigital platforms inquiry final report released – potentially far reaching privacy impacts for Australian businesses
Key privacy related points The ACCC supports the introduction of much tougher penalties for privacy law breaches. A direct right of action (and class action) could be introduced for breach of the Privacy Act 1988 (Cth). The definition of consent could be amended to require express, opt-in consent. There are recommendations to bolster consumers’ […]
ReadmoreIf you have a website, read this: .au direct registration available soon
Second level .au domain names are expected to be available for registration from Q4 2019. Brand owners and current domain name registrants should all consider taking action to secure .au domain names, whether for direct use or for the purpose of preventing third parties from registering domain names that incorporate their brands. In this article, […]
ReadmoreIntellectual property exception to competition law prohibitions to be removed. Time to review IP dealings for anti-competitive provisions.
Effective from 12 September 2019, the exception to the prohibitions on restrictive trade practices, contained in Part IV the Competition and Consumer Act 2010, for the conditional licensing and assignment of intellectual property will be removed. The impact from this will be that, effective from that date, all transactions involving IP will become subject to competition law prohibitions […]
ReadmoreIP Safe Harbour Provisions removed from Competition and Consumer Law
On 14 February 2019 after some debate about amendments the Senate passed the bill to remove the intellectual property safe harbour provisions from the Competition and Consumer Act 2010 (Cth) (CCA). All intellectual property arrangements, such as licensing agreements and intellectual property assignments are now subject to the anti-competitive conduct restrictions in the CCA, including the sections in the […]
ReadmoreCopyright infringement and the innocent infringement defence: The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016
The recent Federal Court decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 provides further guidance on what constitutes reproduction of a substantial part of a copyright work, innocent infringement and the circumstances relevant to assessing damages, including additional damages. Background Dempsey Group operates the Bed Bath N’ Table […]
ReadmoreProfiles in Privacy | Justin Geri, Ferrier Hodgson
Welcome to the December edition of Profiles in Privacy. In this series we profile prominent players in privacy and data protection in Australia Justin Geri is Director – Forensic IT at Ferrier Hodgson in Melbourne. Justin’s services are in high demand amongst organisations that suffer a cybersecurity breach – or that are trying to avoid […]
ReadmoreData protection and the human error curse: Part 1 | Why CEOs and Directors need to be concerned
Something as simple as inadvertently sending a customer’s personal information to another person could cost your company dearly – lost earnings, lost customers, lost business partners, damage to reputation and increased compliance costs. If your company is governed by the Privacy Act 1988 (Cth), is a credit provider, deals with personal or health information or […]
ReadmoreNew National Gift Card Law
Following New South Wales and South Australia introducing a minimum 3 year expiry date on gift cards / vouchers sold in 2018, the Federal Government passed a similar law on 18 October 2018 which applies to all States and Territories. Click here to view full size pdf, with details.
ReadmoreZombie mark has no bite
Zombie marks may not be as ‘alive’ as previously thought. Partner Michael Owens and Associate Celeste Bennett point out how a 2017 trade mark decision may prevent a zombie trade mark apocalypse. Zombie marks aren’t the bites from monsters you see in the likes of Resident Evil and The Walking Dead. In the legal […]
ReadmoreCopyright Modernisation Consultation Paper
The Australian Department of Cabinet and Arts (“the Department“) has recently released its Copyright Modernisation Consultation Paper (“Consultation Paper“), which aims to: address the current inefficiencies in the existing Copyright Act 1968 (Cth) (“Copyright Act“) and regulations; and balance “the interests of innovators, investors and creators with the health, economic and social welfare of consumers […]
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