Immigration removals delayed pending assessment of data breach

The Immigration department’s well publicised 2014 data security breach continues to cause difficulties for the Department.  In late January and mid February the courts have issued interlocutory injunctions preventing the removal from Australia of certain asylum seekers pending the outcome of administrative law challenges to decisions to refuse refugee status, based on the Department’s consideration of the impact of the …

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Can a business stop an ex-employee from listing it as a former employer on LinkedIn?

And yes, this is a serious question.

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Court rejects ACCC claim against Pfizer

The Federal Court has today dismissed a case brought by the Australian Competition and Consumer Commission (ACCC) against Pfizer Australia for alleged misuse of market power and exclusive dealing. The case arose from Pfizer’s sale of its own generic artorvastatin (Lipitor) product to pharmacies. Pfizer’s patent which prevented generic entry into the artorvastatin market expired in May 2012. Prior to patent expiry, Pfizer’s …

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You ain’t nothing but a hound dog (or an immaterial variation thereof)! Hush Puppies logo CTM survives non-use action

In El Corte Ingles v Wolverine World Wide, Inc, the much beloved logo of Hush Puppies (hereinafter, hound) has survived a non-use attack in Europe in some key classes. Although WWW was ultimately successful in partially defending the non-use action, the case is a reminder of the much higher burden faced in saving a Community Trade Mark registration from being …

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High Court grants Application for Special Leave to Appeal in Myriad Genetics

The High Court has granted Cancer Voices’ application for special leave to appeal a Full Federal Court finding that Myriad’s patent relating to the BRCA1 gene is patentable.

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Fighting ‘Revenge Porn’ through Copyright

Unless your surname is “Kardashian”, it is unlikely that being a victim of a ‘Revenge Porn’ attack launched by a jilted ex-lover could ever end well.  However, thanks to the unfortunate experience of a Californian law student who recently filed a copyright lawsuit in the U.S following such an attack, you may never have to experience this fate. Photo credit: http://www.dreamstime.com/royalty-free-stock-images-censored-nude-woman-portrait-young-tape-covering-eyes-breasts-image33259509 …

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The Moral Rights of Graffiti Artists

From the 2000 year old scribbles discovered in Pompeii (too rude to repeat on IP Whiteboard) to the ‘Darren woz here’ tagged on local bus stops, graffiti has long been considered a public nuisance, more vandalism than creative expression. Despite its ignoble history, in the past decade, graffiti has come to be considered a form of high art in itself …

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