Intellectual Property, Technology and Media Newsletter

22 November 2016

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

Legal directory rankings

We are pleased to announce that our national Intellectual Property, Technology and Media team has once again been recognised in several industry publications in the areas of Intellectual Property and Technology, Media and Telecommunications Law.

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Big data in the agricultural sector: garnering the legal issues

Digitisation and the rapidly growing Internet of Things will transform many aspects of the economy over coming decades. This transformation is already well underway in agriculture as digital technology is increasingly utilised across all farming sectors. Sensing technology is being applied to machinery, in paddocks and on animals and equipment to gather data and to provide information for farming decision support. With this new data driven agriculture come a range of questions about data ownership, privacy, usage and control. When data is generated on a farm, and relates directly to the farm business, how that data is generated, used, stored and what happens to it beyond the farm gate are all issues of concern to tech savvy farm business owners.

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Intellectual property due diligence

In today’s technology and innovation-driven world, the strength of a company’s intellectual property (IP) can be the driving factor in the value of a corporate transaction. However, IP assets can be particularly difficult to assess due to their intangible nature. As a result, conducting a thorough investigation of a company’s IP has become a crucial aspect of due diligence.

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Internet of things

The Internet of Things is a concept whereby all devices can be connected to the internet and in turn be connected to each other. Approximately 3.9 billion connected ‘things’ were being utilised in 2014. By 2020 this is expected to grow to 25 billion with an average growth of 35% per year. While the technology holds great promise, there are concerns that the industry and legal profession alike will need to address.

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The new Unfair Contracts Regime and its effect on IT business contracts

The Unfair Contract Terms (UCT) regime commenced on 12 November 2016. Australia will be the only jurisdiction in the world applying this type of regime to business to business contracts. To date, various publications and guides have considered the general impact of UCT regime on standard form small business contracts. However, while many standard form contracts are expressly considered in those materials, little commentary exists in relation to contracts used by IT businesses, including online terms and click wrap agreements.

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