Intellectual Property, Technology & Media Newsletter – September 2023

28 September 2023

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

APRA CPS 230: implications for financial entities and their technology service providers

On 17 July 2023, the Australian Prudential Standard Authority (APRA) confirmed the final parameters of the cross-industry prudential standard CPS 230 – Operational Risk Management (CPS 230).

CPS 230 aims to strengthen operational risk management in the banking, insurance, and superannuation industries. It will consolidate and strengthen existing CPS/SPS 231 Outsourcing and CPS/SPS 232 Business Continuity Management and operate alongside the existing CPS 234 Information Security Prudential Standard.

In addition to the impacts on regulated entities, there will be flow-on effects for technology service providers, such as software vendors, hosting providers and consultants.

Click here to read more.

Hey, they copied!

With the rise of discount and online retailers, we are often approached by clients who are designers and/or manufacturers of goods who wish to take issue with their designs and goods being copied by others. What action can be taken though depends on a range of factors including whether a designer or manufacturer has a registered design under the Designs Act 2003 (Cth).

In this article we discuss some relevant cases that highlight the importance for designers and manufacturers to consider their intellectual property (IP) early, so that they can protect their IP later on when disputes, inevitably, arise.

Click here to read more.

Western Australia’s new Intellectual Property Policy encourages commercialisation and innovation

Western Australia (WA) has recently introduced its updated ‘global best practice’ Intellectual Property (IP) Policy which identifies IP as a State asset. The policy is set to promote innovation, create new jobs, and facilitate investment in opportunities within WA.

With the introduction of its new IP policy, WA is leading the way in its use of IP as it is recognising the value to be gained through commercialising IP and how this provides commercial benefits to a State.

Click here to read more.

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

Protecting your data: just how far does copyright protect the value of data?

When harnessed correctly, data can create value and inform decision making, including optimising business operations and service delivery. The vast quantities of data have enabled medical breakthroughs and supported the development of new products such as artificial intelligence.

Datasets can be protected under copyright law if there is sufficient independent intellectual effort in the work. For organisations, this may mean reducing reliance on automation and maximising human contribution and intervention in the process as much as possible.

In this article, we discuss the scope and limitations of copyright protection in data.

Click here to read more.

Don’t pry when you fly: new draft privacy guidelines for drone operators

Drone use in Australia has grown exponentially in recent years, with operators utilising remotely piloted aircraft in areas such as search and rescue, media, surveying, logistics and home delivery services. This proliferation has caused a corresponding increase in community sensitivity to the impact of drone use on privacy.

The Commonwealth Department of Infrastructure, Transport, Regional Development, Communications and the Arts recently completed public consultation on draft privacy guidelines for commercial and recreational drone operators intended as an educational tool to provide operators with a set of easy-to-understand parameters for operating drones in line with reasonable community expectations for privacy.

Click here to read more.

Space systems as critical infrastructure assets: understanding the security obligations for space assets

The democratisation of space and growth of the commercial space sector has prompted the Australian Government to step up regulatory frameworks aimed at managing the strategic risks facing critical space systems and assets.

We discuss the range of security obligations applicable to space systems operators under the Telecommunications Act 1997 and Security of Critical Infrastructure Act 2018.

Click here to read more.

Data drama: Meta’s $20 million penalty for misleading and deceptive conduct

The Federal Court imposed a penalty of $20 million against two Meta (née Facebook) entities after action brought by the Australian Competition and Consumer Commission (ACCC) for misleading or deceptive conduct.

The case is one of the latest examples of the ACCC using its powers under the Australian Consumer Law to address misleading or deceptive conduct in respect of consumer data, an area where there is some overlap with the Information Commissioner’s role under the Privacy Act.

Click here to read more.

Planes, trains and AI-mobiles: the legal complexities of 5PL

Logistics has come a long way in a generation: from simple job-by-job consignments to fully-outsourced managed supply chains. With the advent of ‘fifth-party logistics’, or 5PL, the industry is in the process of fully embracing the latest technologies to integrate the full requirements for e-commerce businesses in sales fulfilment as well as efficient logistics services.

In this article we discuss how the increasing reliance on information technology solutions in 5PL contexts exposes logistics providers to the unique complexities of technology contracting, and key risks associated with data, privacy regulation, layered subcontracting and typical liability postures.

Click here to read more.

Farm Data Code update: responsible data practices in agriculture

In the rapidly modernising world of agriculture, data harvested on farms is an increasingly valuable asset for the farmers as well as their supply chains and service providers.

The Farm Data Code (Code) is a voluntary industry code for service providers to establish principles for the collection, use and sharing of data obtained from farmers.

The Code has been updated recently, with the release of its second edition streamlining principles focusing on data transparency, fairness, control, portability, security and compliance.

Click here to read more.

Verified Mark Certificates: have you installed your email ‘blue tick’?

In 2022 alone Australians lost over $24,000,000 to phishing scams, with over 74,000 reports made to the ACCC’s ‘Scamwatch’.1 So, at a time where cybercriminals appear to be more opportunistic and sophisticated than ever before, how can businesses ensure that their consumer base continue to trust and remain engaged with marketing and promotional materials sent via email?

Click here to read more.

Brains vs bricks: the importance of intellectual property in construction

Advancements in technology have had a profound impact on almost every industry in Australia, with the construction sector being no exception. Traders rely heavily upon innovation and originality to distinguish themselves in a highly competitive market. Intellectual property (IP) has become one of the industry’s critical assets in protecting a trader’s competitive edge and attracting investment. But how specifically do Australia’s IP regimes interact with the building and construction industry?

Click here to read more.

Congratulations to our team

We are pleased to announce that our Intellectual Property, Technology and Media team has once again been recognised in Doyle’s Guide 2023 in the areas of Intellectual Property and Technology, Media and Telecommunications Law.

Click here to read more.

1Scam statistics | Scamwatch

Subscribe to HWL Ebsworth Publications and Events

HWL Ebsworth regularly publishes articles and newsletters to keep our clients up to date on the latest legal developments and what this means for your business.

To receive these updates via email, please complete the subscription form and indicate which areas of law you would like to receive information on.

Contact us