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  • Article

    Optus TV Now copyright case: High Court refuses to play, but ALRC will pick up the ball

    The High Court refuses to hear the copyright appeal, but an ALRC inquiry will consider cloud storage platforms.
    AustraliaIntellectual Property
    Clayton Utz
    Clayton Utz
  • Article

    Practical guidance on ‘copyright claims' from digital services providers – are you sure it's legit?

    Some copyright claims from digital services providers may not have conducted proper copyright infringement analysis.
    AustraliaIntellectual Property
    McCullough Robertson
    McCullough Robertson
Article

Preliminary discovery as a precursor to potential copyright infringement proceedings

This recent case highlights the difficulties in bringing breach of copyright claims in relation to software source code.
AustraliaIntellectual Property
DibbsBarker
DibbsBarker
  • Article

    Punitive damages for design infringement in burqini™ swimwear battle but no ordinary damages

    Before manufacture and sale of any new products, a trader should complete intellectual property or internet searches.
    AustraliaIntellectual Property
    Clayton Utz
    Clayton Utz
  • Article

    The cost of dealing with employee information theft

    The case shows the importance of being vigilant and acting promptly to minimise the risk and impact of information theft.
    AustraliaIntellectual Property
    Clayton Utz
    Clayton Utz
  • Article

    Want To Protect Brand Names And Slogans? Don’t Call On Copyright

    A recent decision of the Federal Court of Australia confirms that businesses interested in protecting their valuable trading names and slogans ought to register trade marks rather than seeking to rely upon copyright.
    AustraliaIntellectual Property
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    When shopping around for house plans leads to a breach of copyright

    Couple found to have infringed copyright of house plans but only nominal damages awarded because no loss shown.
    AustraliaIntellectual Property
    Holding Redlich
    Holding Redlich
  • Article

    Woe betide the downloader: film studio to get IP addresses of Australian pirates

    ISPs must divulge names and addresses of customers whose ISP addresses were used to download the film Dallas Buyers Club.
    AustraliaIntellectual Property
    Clayton Utz
    Clayton Utz
  • Article

    Advertising agencies and the law: Who owns the intellectual property developed by an advertising agency? (part 3)

    The contract must expressly state the circumstances when usage of the intellectual property by the agency is permitted.
    AustraliaMedia, Telecoms, IT, Entertainment
    Holding Redlich
    Holding Redlich
  • Article

    Implied Licences And Copyright In Architect’s Plans: Is There A Concrete Explanation?

    When you buy land with a development consent, can you assume that you can use the architect’s plans submitted with the consent to build?
    AustraliaReal Estate and Construction
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Planning to modify or redevelop a building site? Beware of artistic moral rights

    Building owners and developers should pay particular attention to how they treat artworks on building sites.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
  • Article

    Alright, Alright, Our Rights? Generative AI And Celebrity Voices

    It has been reported that actors Matthew McConaughey and Sir Michael Caine have each signed a deal with AI audio company, ElevenLabs, allowing for the creation of AI-generated versions of their voices. These agreements follow on from a recent trend in Hollywood for celebrity partnerships with AI-generative tech companies, which now includes the likes of Dame Judi Dench and Kristen Bell who both partnered with Meta in 2024 for the use of their voices.
    AustraliaTechnology
    Mills Oakley
    Mills Oakley
  • Article

    Developing an intellectual property law strategy to protect fashion designs in the United States

    Fashion designers in the United States have struggled to develop legal strategies that adequately protect their work.
    AustraliaIntellectual Property
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Intellectual Property e-alert: Fair trading in fashionable names: what to do if your name is famous but you are not (yet)

    The brand is perhaps the most important asset in a fashion business, because the brand remains stable in an industry where products are constantly changing. It is common practice in fashion to brand the product with its designer’s name. Designers who have been named after luxury brands or celebrities and who then want to trade mark their names should, in most cases, be able to do so – as long as there is no connotation that gives rise to deception or confusion. Using both their first and last na
    AustraliaIntellectual Property
    Hunt & Hunt
    Hunt & Hunt
  • Article

    It's developed in work hours with the employer's resources - can the employee still own copyright?

    Employment agreements should be clear in providing that inventions using employer information belong to the employer.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Copyright Amendment Act Strengthens Australia´s TPM Laws

    After the Australia-US Free Trade Agreement came into effect on 1 January 2005 there was widespread concern from some copyright users and consumer groups about Australia's obligation to introduce stronger protection of technological protection measures (TPMs).
    AustraliaIntellectual Property
    Minter Ellison
    Minter Ellison
  • Article

    Fair use exception to copyright infringement: The cloud is the limit

    The ALRC report on copyright law proposes the introduction of a US-style 'fair use' exception to copyright infringement.
    AustraliaIntellectual Property
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    High Court Case Considers Special Copyright Rules That Apply To The Crown

    The decisions of the High Court and Full Federal Court in the case of Copyright Agency Limited v State of NSW confirm that it is not always safe to rely on the special copyright rules that apply to the Crown.
    AustraliaIntellectual Property
    DLA Piper Australia
    DLA Piper Australia
  • Article

    iiNet in new copyright infringement battle over customers pirating Dallas Buyers Club film

    The Alert discusses the case and the potential impact it may have on the future of copyright infringement in Australia.
    AustraliaIntellectual Property
    HopgoodGanim
    HopgoodGanim
  • Article

    IP protection in the food industry in Australia and New Zealand

    Protecting IP in the food service industry requires a coordinated strategy.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Showing 381–400 of 670 results

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