Archives for: ‘Telecoms’

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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WIN v Nine: Court of Appeal confirms Justice Hammerschlag’s decision

Prepared by:    Helena Kanton and Michael Swinson This month, the New South Wales Court of Appeal dismissed an appeal by regional TV broadcaster WIN against an earlier decision by the New South Wales Supreme Court that the Nine Network was not prohibited under an exclusive licence agreement with WIN from live streaming Nine’s TV programming over the internet in WIN’s …

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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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The fragrant but (un)safe harbour: what happened to Hong Kong’s Copyright amendment?

Hong Kong may be famed for its deep and sheltered harbour, but prolonged debate over amendments to the Copyright Ordinance have seen ‘safe harbours’ for internet providers sink. On 8 March 2016, an Editorial in the South China Morning Post mourned for Hong Kong’s amendment, Copyright (Amendment) Bill 2014: With the legislature becoming increasingly hostile, the passage of government bills …

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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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Telco Sector Security Reforms

Authors: Michael Swinson (Partner) and TJ Saw (Solicitor) On 25 June 2015 the Attorney-General and the Minister for Communications released an exposure draft of a new piece of legislation that aims to strengthen the Government’s ability to manage national security risks affecting telecommunications networks. The proposed Telecommunications and Other Legislation Amendment Bill 2015 is the latest in a series of …

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Misuse of private information is a “tort” in English law

The Court of Appeal for England and Wales has held that the cause of action recognised in English law since Campbell v Mirror Group for misuse of private information should be classified as a tort rather than an equitable cause of action. The question of classification was important in litigation against Google, Inc, because the plaintiffs needed to establish that …

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