Lessons to be learned from the OAIC’s security assessment of St Vincent’s Hospital

Authors: Michael Swinson (Partner) and TJ Saw (Solicitor) Last month the Office of the Australian Information Commissioner (OAIC) issued a privacy assessment report of St Vincent’s Hospital Sydney Limited (St Vincent’s).[1] The Privacy Commissioner has the power to carry out assessments under section 33C of the Privacy Act in order to determine whether an organisation is complying with the Australian …

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Hackers cause recall of 1.4 million cars

by Kim O’Connell, Amanda Engels and Olivia Goudal As foreshadowed in our post on cyber resilience, available here, data breaches and cybercrime are becoming increasing prevalent. These issues are well illustrated by the recent recall by Fiat Chrysler of 1.4 million cars in the United States. On Friday 24 July 2015, Fiat Chrysler issued the recall of 1.4 million vehicles …

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TARJAY or TARGET? The registration of parody trade marks

Many Australians colloquially refer to the department store Target as “Tar-Jay” (with a fake French accent), cheekily introducing an up-market French boutique association to Target’s affordable goods.   Such association apparently dates back at least to media references in 1983. The word “Tarjay” entered UrbanDictionary.com in 2008: “Target Store said with a fake french accent to make it sound more upscale …

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Combination marks – the limits of Medion further defined by Arnold J in Jura Origin case

The European Court of Justice’s decision in Medion (Case C-120/04) is one that can provoke vitriol among even the calmest of practitioners. That case involved an infringement action taken against the use of the mark THOMSON LIFE by Thomson, in the face of Medion’s earlier registration for LIFE. The court ruled as follows: “ … where the goods or services …

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Consultation period commences for China’s new draft cybersecurity law

by Rui Wang (Beijing), Martyn Huckerby, Colin Bailey and Yijia Tu (Shanghai) and Kim O’Connell (Sydney) Foreign companies doing business with Chinese entities or on their own account in China should be aware of the changing landscape for digital information. A Consultation Draft of a New PRC Cyber Security Law was posted on the National People’s Congress website on 6 …

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Next steps after Australia China Free Trade Agreement – how to make the most of the opportunity

The China-Australia Free Trade Agreement represents significant opportunities for Australian health and aged care providers. However, it is important to move quickly and strategically to make the most of the opportunities. See our Business Spectator article here for what to do next.    

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Spins a web, anytime, but only pays royalties until the expiry of the patent

It a recent US Supreme Court case involving a patent for a device shooting Spiderman foam ‘webs’ from wrists, Justice Kagan did a (Marvel-ous?) summation of the issue at hand: ‘Patents endow their holders with certain superpowers, but only for a limited time’.

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CJEU gives Guidance on Standard Essential Patents and Injunctions

The Court of Justice of the European Union has today issued its much-anticipated decision in Huawei v ZTE in relation to the question of whether it is an abuse of a dominant position to seek an injunction for infringement of a standards-essential patent (SEP). The Court’s decision largely confirms the approach of Advocate General Wathelet in his Opinion in November …

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Duelling Ukuleles and Sofa Workshops – recent cases highlight advantages of national protection alongside CTM registrations, and the continued importance of passing off

A few weeks ago the UK Supreme Court rejected an appeal by Starbucks HK (not the coffee company) in a passing off case. The UKSC confirmed the fundamental requirement of goodwill in the UK in order to bring such an action in the UK. Mere reputation is not enough. You can see the update from our London team (who acted …

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