Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law news.
Amendments to Australia’s IP legislation approved
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 (Cth) (Bill) passed the Senate on 16 August 2018 and is now an Act.
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Further proposed amendments to intellectual property legislation in Australia
In addition to the Intellectual Property Laws Amendments (Productivity Commission Response Part 1 and Other Measures) Bill 2018 (Cth), IP Australia has released draft legislation for public comment which proposes further changes in line with the Productivity Commission’s inquiry into Australian intellectual property legislation, being the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) Bill 2018. Please note that at this stage the Bill has not been introduced to Parliament.
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Legal issues arising from use of open Source Software Components
While there are obvious benefits associated with using OSS components when creating proprietary software, software owners are often unaware that they may be subject to a range of obligations depending on the licensing terms under which the utilised OSS components are made available. Failure to comply with OSS requirements can potentially result in legal action by the original licensors, as well as negative publicity and other reputational impacts.
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A rose by any other name (may still infringe copyright)
A common misconception of copyright law is that as long as you change a certain percentage of the original design, you will not infringe copyright. This is, for anyone wondering, not true.
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South Australia joins the nation in providing greater protection for journalists
The South Australian Government recently passed the Evidence (Journalists) Amendment Bill 2018, providing greater protection to journalists and enabling them to keep sources confidential when it is in the public interest for that protection to apply.
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Coming soon: the consumer data right
On 9 May 2018, the Australian Government announced its plans to create the Consumer Data Right (CDR) in Australia, which is a regulatory scheme to give consumers the right to access their personal data and authorise accredited third parties to access their data. This is intended to give consumers more control of their data and improve their ability to compare and switch between products and services. The ACCC is responsible for developing the rules, framework and accreditation scheme to govern its implementation. The scheme is set to begin its application in the banking sector under the Open Banking regime from 1 July 2019 onwards and it will likely be rolled out in the telecommunication and energy sectors over time.
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EMDG grants for IP expenses
The Export Market Development Grant Program is a Federal Government program designed to assist Australian exporters to expand into overseas markets. The program has been running for 40 years, but a more recent development has been the inclusion of an IP registration (and related insurance) expense category. Australian businesses who export overseas may be eligible for a grant which would help them recover up to $25,000 of costs for filing for protection of their IP rights overseas.
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Grapes of Wrath: Wine Australia to clamp down on copycat wine with proposed wine export label directory
The Department of Agriculture and Water Resources has recently engaged in a consultation period to consider whether a wine export label directory should be established in Australia. The directory will comprise of wine export labels submitted by licensed wine exporters and is to be a publically available and searchable directory where users can locate and identify wine export labels by brand, product name, and registration date. Should the proposal receive the green light, Wine Australia will be responsible for maintaining the directory.
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