Intellectual Property, Technology & Media Newsletter – June 2024

28 June 2024

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

Government access to copyrighted works

In the case of Australian News Channel Pty Ltd v Isentia Pty Ltd the Federal Court of Australia examined the boundaries of copyright law in the context of governmental use, revealing that third-party service providers working for governments can utilise copyrighted materials without needing prior permission.

The decision underscores a significant exception in the Copyright Act, highlighting how public service can sometimes override private intellectual property rights.

Click here to read more.

Increasing enforcement by the TGA: are you complying with advertising requirements?

Therapeutic goods have more onerous advertising requirements than the advertising of general household goods as individuals may be more vulnerable and not able to impartially judge certain advertising claims due to their health concerns.

Recently, the Therapeutic Goods Administration seems to have been very active in its monitoring of the advertising of therapeutic goods and taking enforcement action, particularly against businesses promoting prescription medicines.

In this article, we provide a brief overview of the advertising restrictions for therapeutic goods.

Click here to read more.

Qatar joins WIPO’s international trademark system

On 3 May 2024, the Government of Qatar deposited its instrument of accession to the Madrid Protocol, the governing Treaty of the Madrid System. The Madrid System provides a cost-effective and efficient way for trade mark owners around the world to file one application to register and manage their trade mark in multiple countries.

With Qatar becoming the 115th member of the Madrid System, national trade mark holders in four out of the six countries making up the Gulf Cooperation Council can now use the Madrid System to secure cross-border protection of their brands.

Click here to read more.

In case you missed it, the following articles were recently written and published by our team:

AI-based healthcare services and therapeutic goods

Artificial intelligence (AI) is revolutionising the healthcare industry by unlocking new capabilities including predictive analytics, diagnostic imaging and pathology analysis, and personalised treatment options. The rise of both AI-driven healthcare services and therapeutic goods is not only a symptom of technological advancement, but also a fundamental shift in how healthcare is delivered to patients. However, the regulation of AI in healthcare is still in its infancy and regulators are largely playing catch up.

Discover how AI is transforming healthcare delivery, and the kinds of regulatory challenges AI healthcare technologies are likely to face.

Click here to read more.

Hastily slipping on banking clarity: a cautionary tale for Open Banking data accuracy

A financial institution has recently faced enforcement action by the Australian Consumer and Competition Commission (ACCC) for alleged breaches of the Consumer Data Right (CDR). A penalty of $33,000 was incurred after the ACCC issued two infringement notices for allegedly failing to disclose complete mortgage interest rate details and accurate credit card balances in response to consumer data requests.

The recent enforcement action against the financial institution underscores the critical importance of maintaining data accuracy within the CDR regime.

Click here to read more.

Privacy in the west: landmark privacy legislation hits WA Parliament

Western Australia is introducing a brand new privacy law, complete with a set of Information Privacy Principles, data breach notification obligations, and mandatory privacy impact assessments.

While Western Australia has long been one of the last Australian jurisdictions without its own privacy legislation, its Government is now proposing to jump to the front of the pack, with two new Bills that have recently been introduced into Parliament.

In this article, we discuss the new Privacy and Responsible Information Sharing Bill 2024, and what will be required to get up to speed.

Click here to read more.

Infringement lessons from the Jack Daniel’s case

You don’t need to be a whiskey drinker to be acquainted with the ‘Jack Daniel’s’ name. As one of the most well-known liquor brands globally, it is unsurprising that the name would be used as part of spoof products.

In July 2023, the United States Supreme Court ruled that VIP Products LLC’s pun-laden ‘Bad Spaniels’ chew toy resembling the Jack Daniel’s black-label whiskey bottle was in violation of US trade mark law.

This case provides a contrast to how Australian law addresses similar issues relating to parody, distinctive trade dress, and consumer protection.

Click here to read more.

Stick to the rivers and lakes that you’re used to: agile contracting for clients

Agile software development projects emphasise business value and flexibility. They are also inherently uncertain: due to the lack of fixed scope, budget, or schedule, customers do not know what they will get for their money. Using an agile methodology means embracing that risk, while taking steps to mitigate it.

In our previous article, available here, we discussed the basics of what makes an agile project and the underlying principles for contracting for these projects. In this article, we will focus on agile from a customer perspective, examine the risks and benefits of using agile methodology and propose how you can reduce these risks.

Click here to read more.

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