Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law news.
Court considers role of search engine as defamation “publisher” – but declines to find automatic immunity
The interrelationship between defamation law and the internet is difficult to navigate. The internet has changed the historical landscape of defamation cases as a large number of defamation cases arise from online publications. In the case of Google Inc v Trkulja, the court was asked to consider whether search results alone (as compared to the underlying content reachable from that search) can be considered defamatory.
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Productivity Commission IP Arrangements Inquiry Report – hinting at the future of IP law in Australia?
Released on 20 December 2016, the Productivity Commission Intellectual Property Arrangements Inquiry Report represents a comprehensive review of the current registered IP rights regime in Australia. The Report sets out the Commission’s recommendations for future changes to ensure that Australia’s IP system, as far as possible in the global framework in which it operates, meets key principles of effectiveness, efficiency, adaptability and accountability.
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Protecting and enforcing your IP in China
Australian businesses are increasingly facing difficulties protecting and enforcing intellectual property rights in China, often thwarted by counterfeiters and pirates exploiting vulnerabilities in Chinese laws and practices. Recognising these complexities, IP Australia recently appointed an IP Counsellor to China, operating from the Australian Embassy in Beijing, to provide guidance to Australian businesses.
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Letting off Steam in online games over denied refunds
We reported last year on a victory for Australian consumers when the ACCC successfully prosecuted US-based Valve Corporation over its digital games distribution platform, Steam. Valve was ordered to pay $3 million in pecuniary penalties but has now appealed the decision. The ACCC is cross-appealing on the issue of the representations in the online chats. The ACCC’s cross-appeal will test how the courts will assess direct interactions between consumers and companies in relation to representations about their consumer rights.
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Tax Incentives for investing in start-ups
With a few months to go until 30 June when investors can claim the new start-up tax concessions and 31 July when start-ups need to report information to the ATO, it’s good timing to revisit the state of play and some of the key conditions.
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Congratulations to our team
We are pleased to announce that our IP, Technology and Media team have recently been recognised in several leading industry publications for Intellectual Property and Technology, Media and Telecommunications Law.”
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Recent articles
In case you missed it, we recently published the following article:
- The Wine Equalisation Tax – Important New Trade Mark Requirements (February 2017)
- Privacy – your obligation to notify breaches will start by February 2018 (March 2017)
GossIP: Advertising, Trade Marks and Copyright
GossIP is a brief summary of a few recent legal developments in the IP, Technology and Media space.
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