Not all fun and games in copycat litigation
11 September 2014
The gaming industry (and gamers) will be watching two recent US cases with great anticipation.
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All Mallesons Pulse Posts
All Mallesons Pulse Posts
ACCC releases its updated Immunity and Cooperation Policy for Cartel Conduct
11 September 2014
Update to ACCC immunity policy provides confirmation of current practice and clarity for applicants
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The supply of a right to use source code
10 September 2014
A Full Court of the Federal Court of Australia held recently that a fairly typical software distribution agreement did not confer on the distributor a right to use source code. One may ask why would the parties need to know? The answer lies in the application of royalty withholding tax to payments made by Australian taxpayers to Canadian software licensors.
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A straw-poll for our readers – what wine bottle label is this??
9 September 2014
As it is one of the more interesting issues in trade mark law (see our recent note on the Kit Kat shape mark battle in the UK here and the Coke v Pepsi shape mark stoush in NZ here), and as it is the subject of a recent decision from our Australian Trade Marks Office, we thought that we would ask about the impression given by a good old “non-verbal” mark.
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E-tail & the details: consumer guarantees & overseas e-tailers
9 September 2014
Do consumer guarantees apply to the supply of goods by companies overseas? This question has been raised by a new case brought by the ACCC.
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Google around the world: privacy, e-commerce and the “right to be forgotten”
9 September 2014
A panel of people appointed by Google is meeting in Madrid today to debate the balance between privacy and freedom of information.
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All steamed up about consumer guarantees
9 September 2014
ACCC tests application of Australian consumer guarantees to cross-border internet transactions in case against Valve
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Isolated genes patentable: Cancer Voices Australia v Myriad Genetics
5 September 2014
BREAKING NEWS: Full Federal Court finds that isolated genetic material is patentable subject matter as an artificially created state of affairs.
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Serious Invasions of Privacy – a new Cause of Action in Australia?
4 September 2014
The Australian Law Reform Commission (ALRC) released its final report on “Serious Invasions of Privacy in the Digital Era” (Report) yesterday, setting out the detailed legal design of a statutory civil cause of action for serious invasions of privacy.
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The Adventures of Sherlock Holmes: a warning against “disreputable” licence fees
1 September 2014
Judge Posner issued a strong warning to the Conan Doyle Estate which may cause other copyright holders to reassess how they “protect” similar works
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