IP Whiteboard

When a letter becomes a liability: unjustified threats of IP infringement

30 June 2026

By Kate Hay, Jacob Flynn, Bianca Terlato

The recent decision of the Full Federal Court in Comino v Watson Webb Pty Ltd [2026] FCAFC 66 is a helpful reminder to exercise caution before sending correspondence that might constitute a threat of intellectual property infringement proceedings.

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The misuse of information obtained through an ex-employee’s position: a broader cause of action for businesses

19 June 2026

By Cate Nagy, Damien MacRae

The Full Court of the Federal Court has held that s 183(1) of the Corporations Act 2001 (Cth) provides a standalone cause of action against employees who misuse information obtained through their positions, even where that information does not meet the strict requirements for protection in equity.

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Who owns the lab’s logo? Goodwill, trade marks, and ownership in murky waters: Deakin University v Macreadie [2026] FCA 481

16 June 2026

By Cate Nagy, Megan Fitzgerald, Gina Tran

Does a university own the goodwill and trade marks of an associated research laboratory, when the employee academic who established that laboratory resigns and moves to another university?

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Dark patterns in focus: Privacy Commissioner finds rental tech collection was not fair or reasonably necessary

22 May 2026

By Michael Swinson, Cal Samson, Samantha Gates

The Australian Privacy Commissioner has recently handed down an important determination in Commissioner Initiated Investigation into IRE Pty Ltd (Privacy) [2026] AICmr 24 (the Determination).

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Out with the old, in with the new technology: Privacy Act APP 3 guidance updated for a digital world

22 May 2026

By Michael Swinson, Cal Samson, Samantha Gates

The Office of the Australian Information Commissioner (OAIC) has released an overhauled set of guidance on the collection of personal information under the Privacy Act 1988 (Cth) (Privacy Act).

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The Treaty on IP, Genetic Resources and Associated Traditional Knowledge has been tabled in Parliament

22 May 2026

By Suzy Madar, Luke Hawthorne, Damien MacRae

Just over a year ago, we wrote about the adoption of the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (the Treaty) by 150 members states of the World Intellectual Property Organization (WIPO) and what it could mean for Australia: read our earlier post here.

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Opening the archives: Australia’s new orphan works scheme

29 April 2026

By Cate Nagy, Kelly Williamson, Megan Fitzgerald

In November 2025, the Federal Government introduced the Copyright Amendment Bill 2025 (Cth) (Bill) which proposed an orphan works scheme for Australia.

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McCallum v Projector Films: moral rights, principal director, and why credits counted

28 April 2026

By Kate Hay, Luke Hawthorne, Jacob Flynn, Ellie Nigro, Sophia Bleakley

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Bad intentions: Can you copy elements of a competitor’s design?

27 April 2026

By Kate Hay, Cate Nagy, Jacob Flynn, Bianca Terlato

The recent decision of the Federal Court of Australia in Bodum AG v H.A.G Import Corpn (Australia) Pty Ltd [2026] FCA 238 illustrates that even deliberate copying of a competitor’s design elements does not necessarily breach the Australian Consumer Law or amount to passing off.

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Digging too deep: When patent amendments become an abuse of process

24 April 2026

By Kate Hay, Suzy Madar, Sarah Huang

This is a short note to report on a successful interlocutory application seeking a declaration that a patent amendment amounted to an abuse of process.

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Most recent

When a letter becomes a liability: unjustified threats of IP infringement

The misuse of information obtained through an ex-employee’s position: a broader cause of action for businesses

Who owns the lab’s logo? Goodwill, trade marks, and ownership in murky waters: Deakin University v Macreadie [2026] FCA 481

Dark patterns in focus: Privacy Commissioner finds rental tech collection was not fair or reasonably necessary

IP Whiteboard Posts

When a letter becomes a liability: unjustified threats of IP infringement

The misuse of information obtained through an ex-employee’s position: a broader cause of action for businesses

Who owns the lab’s logo? Goodwill, trade marks, and ownership in murky waters: Deakin University v Macreadie [2026] FCA 481

Dark patterns in focus: Privacy Commissioner finds rental tech collection was not fair or reasonably necessary

Out with the old, in with the new technology: Privacy Act APP 3 guidance updated for a digital world

The Treaty on IP, Genetic Resources and Associated Traditional Knowledge has been tabled in Parliament

Opening the archives: Australia’s new orphan works scheme

McCallum v Projector Films: moral rights, principal director, and why credits counted

Bad intentions: Can you copy elements of a competitor’s design?

Digging too deep: When patent amendments become an abuse of process