Category Archive for: ‘Technology’

Productivity Commission’s final report pulls no punches on patents

Yesterday the Productivity Commission published its final report on Australia’s IP system. Our high level summary of the Commission’s recommendations across all aspects of the IP system can be found here. The Commission sees the patent system as tipped in favour of patent owners and its recommendations are designed to restore balance. This post provides an outline of the key …

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Wi-fi tracking of students in Australia

Recent publicity about an Australian university’s practice of tracking the location of people connected to the university’s wi-fi network raises a mixture of policy and legal issues. The media report claims that the legal position is not clear, so this post is intended to help readers understand that position. The university’s spokesman is quoted as saying that they are “not …

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Cloud privacy – significant developments

There were two significant developments last week for the privacy in the cloud: The European Commission endorsed the EU-US Privacy Shield, which will replace the earlier Safe Harbor scheme that had been found wanting by the European Court of Justice in the Schrems decision. The 2nd Circuit Court of Appeals in the US decided that a warrant issued under the …

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What’s the Big Deal with Big Data? The OAIC’s Guide to big data and the Australia Privacy Principles

The Office of the Information Commissioner (“OAIC”) has released a consultation draft Guide to big data and the Australian Privacy Principles (the “Guide”). The draft Guide has been released at a time when many Australian businesses are exploring the potential of Big Data analysis for their business, and are grappling for the first time with some of the associated data …

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Can I use a competitor’s name or trade marks for Google AdWords?

This question is often asked by companies considering ways to funnel internet traffic to their own website by diverting internet users seeking to access a competitor’s website. A single judge of the Federal Court has found that the use of a competitor’s trade mark as a keyword in Google AdWords is neither trade mark infringement nor likely to mislead or …

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Aristocrat v Global Gaming – it’s all fun and games until someone infringes a trade mark

The Federal Court’s decision in Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2016] FCAFC marks the end* of a long-running dispute between the Aristocrat Technologies group and Global Gaming Supplies, Impact Gaming and Tonia Enterprises. *hopefully The Aristocrat group and its trade marks The Aristocrat group supplies gaming technologies and services to the international gaming industry. …

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Are search results defamatory? Google’s not feeling lucky

Sticks and stones may break your bones, but search results can hurt you? At least, that seems to be way the Australian courts have been leaning. In the latest in a series of cases against Google, Google was unsuccessful in its bid to set aside a writ and statement of claim alleging defamation by their search results. The person bringing …

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EU-US privacy safe harbor no longer safe

Our European colleagues have summarised the recent decision of the European Court of Justice dealing with the EU-US privacy safe harbor.  This is a big deal – the US Secretary of Commerce has been quoted as saying that the decision “puts at risk the thriving trans-Atlantic digital economy”. The plaintiff in the case, Mr Schrems, objected to Facebook Ireland transferring …

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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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