Category Archive for: ‘Technology’

When is information about a residential property “personal information”?

Is information contained in a document about a residential property “personal information” about the owners or occupants of the property under NSW privacy legislation even if the document doesn’t directly identify the owners or occupants? This was the question that the Appeal Panel of the NSW Civil and Administrative Tribunal had to consider in Office of Finance and Services v …

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Website blocking injunction issued for trade mark infringement

The importance of trade marks to luxury brands has always been a happy coincidence for this IP Whiteboard blogger, so when Justice Arnold handed down his latest decision in relation to counterfeit goods in the UK High Court, I (momentarily) ceased flicking through the latest issue of Vogue and switched over to Bailii (the UK’s case law database, and equally …

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Unanimous Full Court dismisses Research Affiliates’ appeal

In a decision handed down this afternoon, the Full Court has unanimously dismissed an appeal by Research Affiliates LLC from a decision of Justice Emmett in 2013 (summary here). The Full Court affirmed Justice Emmett’s decision that the claimed invention of two patent applications, in the name of Research Affiliates, is not a manner of manufacture as required by the …

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Mandatory data retention bill introduced to Australian parliament

Today the Australian government introduced its much anticipated bill to amend telecommunications laws to require providers of certain communications services to retain so-called “metadata” about the communications they carry. The government clearly anticipates that the proposals will be controversial – the Explanatory Memorandum accompanying the bill includes a detailed “Statement of Compatibility with Human Rights” of 144 paragraphs. Amongst other …

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Domain name disputes and the onus of truth

Avid readers of this blog might be aware of the au Dispute Resolution Policy (the “auDRP”). The purpose of the auDRP is to provide a cheaper, speedier, alternative to litigation for the resolution of dispute between the registrant of a domain name and a party claiming competing rights in that domain name. The auDRP is our version of ICANN’s UDRP, …

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Should we #RenameISIS? When trade marks attack

“What’s in a name? That which we call a rose. By any other name would smell as sweet.” – Shakespeare What if roses, instead of being called “roses”, were called “stink bells”?  Would they smell as sweet?  What if they were called “crapweed” or “stench blossoms”, as Bart Simpson famously suggested? What about if they were called “ISIS”? Unfortunately, this …

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Possessory liens over IP or data

I recently caught up on some UK legal developments, and was struck by a decision which held that the English common law did not recognise a lien over intangible property. Much of what the Court of Appeal had to say in its decision is likely to be influential in Australia. The case involved two parties who had entered into a …

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IP & Competition Law…a match made in reform heaven?

Yesterday, the Competition Policy Review Panel released its Draft Report on the effectiveness of Australia’s current competition policy and laws, and its recommendations for the promotion of competition across the economy. Our colleagues over at In Competition published this brief post here and a more detailed alert here, focusing on the broader aspects of competition policy reform canvassed in the …

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Can a computer decide whether two business names are “nearly identical”?

The Administrative Appeals Tribunal decided at the end of August 2014 that the prior registration of “Melbourne Children’s Psychology Clinic” as a business name prevented the registration of “Melbourne Child Psychology” and “Melbourne Child Psychology Services” because the latter names were “nearly identical” to the former. Whilst the decision traversed issues of the kind familiar to any practitioner with some …

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