Recent Blogs

The Information Privacy Act 2009 (Qld) (IP Act) applies to the personal information handling practices of Queensland public sector agencies and their contractors, and contains two sets of privacy principles – the National Privacy Principles (NPPs) that apply to Queensland Health and Queensland’s Hospital and Health Services, and the information Privacy Principles (IPPs) that apply to all […]

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Cases involving social media giants such as Twitter rarely come before the courts, particularly those involving posts by anonymous users, so we were interested to read the decision handed down by Pembroke J last week in X v Twitter Inc [2017] NSWSC 1300. The plaintiff company sought final injunctive orders against Twitter Inc and Twitter International […]

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When is an “image right” not a right? And how has the ATO found a way of dealing with this dilemma? Image rights for sports stars are very big business in Australia, as recent ATO rulings and guidelines have recognised1. Names, images and likenesses are becoming more and more valuable, so likewise managing rights, licensing […]

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A recent case warns of the dangers of filing for a trade mark in the name of the wrong entity, particularly given the defect cannot subsequently be cured by an assignment.

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Drones1 are rapidly becoming a part of everyday life. Revolutionising new methods of data acquisition, their use in agriculture, mining, energy, telecommunications, research, environmental management, news gathering, criminal investigation and cinematography is now widespread. The latest advance in drone technology, that is so appealing, is their use in food aid. In remote and difficult areas […]

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Every year an untold number of organisations are affected by data breaches. These can be accidental or inadvertent (eg leaving an external hard drive of sensitive information on the train), but are more frequently malicious attempts by external parties to obtain sensitive information (eg hacking). From 22 February 2018, organisations affected by an “eligible data […]

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With emojis now an inseparable part of modern communication, it was inevitable that they would be used by a person in the course of contractual negotiations. As recently found by an Israeli court, the use of certain emojis could, in context, evidence intention to enter into contractual relations, as a consequence of which a prospective […]

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When people think of trade marks, famous brands, business names or logos generally spring to mind, such as the McDonald’s ‘M’ or Apple Inc.’s apple. But phrases that are associated with a brand, such as Nike’s famous slogan, “Just Do It“, can also be registered as trade marks. Over the years, various celebrities have also […]

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This week Thomson Geer hosted, and I chaired, a critical franchising update seminar on the topic “preparing for the burden of ‘vulnerable workers’ legislation: proposed solutions for your business“. It is quite a topical issue due to the numerous official reports into the “7 Eleven scandal” and the introduction of the Fair Work Amendment (Protecting […]

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Bayer Pharma AG (Bayer) pursued Generic Health Pty Ltd (GH) for damages for patent infringement.  In a recent Federal Court decision, GH had been found to have infringed a patent for a pharmaceutical combination of ethinylestradiol (EE) and drospirenone (DRSP) for use as a female oral contraceptive (OC).[1] Bayer’s claim Bayer elected damages and claimed […]

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