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

Estate of the art: Developing marks that matter in the concrete jungle 

In the competitive sphere of property development, distinguishing one’s brand through effective intellectual property strategies is not just advantageous, it’s imperative. The construction and real estate sectors are teeming with businesses whose names often overlap, especially within the same geographical regions. This overlap can lead to difficulties in establishing a reputable and recognisable brand and significantly, brand confusion and dilution.

This article explores why property developers and real estate professionals should consider a proactive trademark strategy before market launch.

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Privacy Awareness Week 2025: What organisations need to know about compliance

As major reforms to the Privacy Act 1988 take effect and further changes loom, organisations face stricter rules on transparency, data management, and privacy rights — including a new tort for serious invasions of privacy. At the same time, increased enforcement under the Spam Act 2003 highlights growing convergence around consent and individual control.

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Crown copyright’s reign remains broad after recent Federal Court appeal decision

The Full Court of the Federal Court of Australia has dismissed an appeal by the Australian News Channel, in the recent case of Australian News Channel Pty Ltd v Isentia Pty Limited, affirming that media monitoring service Isentia did not infringe copyright thanks to the broad nature of section 183(1) of the Copyright Act 1968.

This article discusses the decision to uphold the broad scope of section 183(1) of the Copyright Act 1968 (Cth), affirming that government-related copyright use extends beyond direct public-facing services.

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

More than you bargained for: Could your new hire still be entitled to their previous employment benefits?

When certain equipment or IP is sold or transferred to a new entity, highly skilled staff members trained to specialise in these assets may find themselves following the transfer from one entity to another. What acquiring entities may not be aware of is that these new employees may be entitled to their former employment benefits under the Fair Work Act 2009 (Cth).

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The ‘wide’ world of agile projects: Lessons we can learn from Austech Applications v Oz Wide

Austech v Oz Wide is a timely reminder of the importance of aligning agile project delivery with clear contractual terms. In this case, VCAT found no breach despite delays, highlighting that ambiguity around timelines and responsibilities, particularly in hybrid agile environments, can lead to costly disputes.

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An altered approach to litigation: The significance of New Standard Directions for Australian Patent Proceedings

The Federal Court of Australia is introducing an altered approach to litigation in its Patent jurisdiction. Whilst cases are usually listed for trial in superior courts in Australia after most pre-trial steps have been completed, the Federal Court is now proposing to allocate a trial date early in the lifecycle of litigation. The trial date will provide a backstop to pre-trial steps. We explore these changes and their alignment with patent litigation in the United Kingdom.

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Awards

Doyle’s Guide 2025 has recognised HWL Ebsworth as a First Tier law firm in South Australia for Intellectual Property.

Our Partners who have been recognised are Luke Dale as Preeminent, and Peter Campbell and Daniel Kiley as Leading Lawyers.

Doyle’s Guide has also recognised HWL Ebsworth as a First Tier law firm in South Australia and Recommended in Queensland for Technology, Media, and Telecommunications.

Our people who have been recognised are Luke Dale and Peter Campbell as Preeminent, Daniel Kiley as Leading, Nikki Macor Heath, Michael Boughey and Matthew Craven as Recommended.

Luke Dale has received a Trade mark star ranking for 2025 in Australia with IP STARS.

See the results here.