Intellectual Property, Technology and Media Newsletter – July 2020

30 July 2020

Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law legal news.

Expansion of overseas copyright protection available to Australian copyright owners

Australian copyright owners are able to take advantage of foreign laws to protect their works overseas in countries which are parties to the Berne Convention. Taking the time to consider what steps should be taken overseas to protect copyright at the early stage of commercialisation will benefit rights owners. Doing so will often streamline the enforcement process and give the owner access to a greater range of remedies once infringement is established.

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Industry focus – Strategies for maximising IP returns from RD Collaborations in Energy and Resources – Part 5

The energy and resources sector is heavily dependent on technology, from new product lines, heavy equipment and autonomous systems, to safety, environmental modelling and more. It has become increasingly important for companies to maximise the outputs of R&D – the technologies, data and intellectual property that are created or developed – and it is crucial to ensure that the benefits equal or exceed the costs. This article brings together the final in a series of strategies to help make the most of your investment when undertaking a collaborative R&D effort.

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Ahead of the game – SA Government announces financial incentive for local video game development

The South Australian Government has launched a new scheme to encourage the development of video games in SA. Video game developers may now be eligible for a 10 per cent rebate on qualifying production expenditure in SA.

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Time to write off intellectual property and other assets extended

Businesses should consider taking steps to protect their IP or bringing purchases forward to capitalise on measures announced in the Federal Government’s first COVID-19 Stimulus Plan. On 12 March 2020, the IAWO threshold increased from $30,000 to $150,000 (GST exclusive) and is available to businesses with an aggregated annual turnover of less than $500 million.

The original deadline date was 30 June 2020 but later extended to 31 December 2020. Click here to view our latest article, or click here to view our original article.

The California Consumer Privacy Act and its impact on Australian businesses

The California Consumer Privacy Act (CCPA) is the most extensive privacy framework implemented in the United States to date and came into effect as of 1 January 2020. This new act introduces new rights, responsibilities and enforcement measures.

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Industry focus: Drones, Local Government and the law – What are the risks and opportunities?

With up to one million drones estimated to be in operation in Australia as of 2019, the operation of drone by members of the public causes concerns for many councils. Whilst drone vendors and operators are marketing to all levels of government, what are the legal considerations councils should be aware of when attempting to manage drone use or use drones themselves?

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IP and COVID-19: Crown use, compulsory licensing, spare parts and other traps

In this article, we consider potential Intellectual Property implications for the medical technology industry and government agencies as the COVID-19 response continues and the unpresented and unexpected need for greater access to proprietary medical technologies.

This article considers the greater relevance for the rarely-used Crown use and compulsory licensing regimes for patents, designs and copyright, increased reliance on spare parts defences, and risks associated with negotiating licensing deals in an emergency.

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Consumer data right to be introduced in energy sector

On November 2017 the Australian Government announced the creation of the consumer data right (CDR), now industry-specific CDR rules are being prepared for the energy sector. This article discusses the purpose of the CDR implementation, the options being considering by the ACCC for the appropriate data access model, the proposed rules and implications for the energy sector.

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How to protect your registered trade marks from counterfeiters during the COVID-19 crisis

As the global coronavirus (COVID-19) pandemic continues to spread and cause upheaval in consumer habits, there is a growing threat of counterfeit goods, potentially inflicting long-lasting damage to the reputation and business of brand owners. This article explores what you can do as a brand owner to protect your trade marks.

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