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ARTICLE · 16 NOVEMBER 2023

DCC Insights Issue 19

Davies Collison Cave
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DCC Insights (Issue 19) showcases the latest IP and legal articles, industry updates, and DCC news and events.

GlobalIntellectual Property
Davies Collison Cave
Davies Collison Cave
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DCC Insights (Issue 19) showcases the latest IP and legal articles, industry updates, and DCC news and events.

FEATURE ARTICLE

DCC and DCCL announce sixteen promotions for 2023

Davies Collison Cave (DCC) and Davies Collison Cave Law (DCCL) are delighted to announce the promotion of sixteen individuals across our Law firm and our Patent and Trade Mark Attorney firm, which took effect on 1 July 2023. We extend our congratulations to all sixteen individuals on this significant milestone in their career. Find a full list of the promotions here.

Articles

Patents

Patenting computer-implemented inventions in Australia after Aristocrat

The Federal Court of Australia recently issued two decisions demonstrating a pragmatic approach to obtaining patent protection for computer-implemented inventions in Australia following the High Court's split 3-3 Aristocrat decision. These decisions show that patenting computer-implemented inventions is possible where the

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Counterfeit Imports – Tougher Penalties At The Border

Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?
AustraliaIntellectual Property
Pointon Partners
Pointon Partners
Article

Supporting ‘Human Artistry’: Wholly AI-Generated Recordings Disqualified From ARIA Charts In Australia

The Australian Recording Industry Association has amended its chart eligibility guidelines to exclude songs predominantly created by generative AI, sparking debate about the intersection of artificial intelligence and copyright law. This decision mirrors broader legal challenges facing courts and regulators worldwide as they grapple with determining when AI-generated or AI-assisted works deserve copyright protection and recognition.
AustraliaIntellectual Property
K&L Gates
K&L Gates
Article

How Can You Retain Intellectual Property When A Client Will Not Pay?

A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.
AustraliaIntellectual Property
LegalVision
LegalVision
Article

Controlled Foreign Company rules - UK:

In the Communications, Media and Technology Updater on 10 April, we commented on the proposals for the new In the Communications, Media and Technology Updater on 10 April, we commented on the proposals for the new Controlled Foreign Company (CFC) rules and their impact on IP rights following the release of a discussion document on 26 January 2010.(CFC) rules and their impact on IP rights following the release of a discussion document on 26 January 2010.
AustraliaIntellectual Property
Norton Rose Fulbright Australia
Norton Rose Fulbright Australia