Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law news.
How consequential is consequential loss?
An exclusion of consequential loss is an important tool for apportioning risk in a contract and are common in IT contracts. However, it is important to fully understand what consequential loss means to ensure that your contract correctly reflects your desired risk position.
In this article, we will explore what constitutes consequential loss and how you should apply these principles to your contracts.
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IP Australia’s trade mark fee changes: effective from 1 October 2024
Effective 1 October 2024, IP Australia will implement a revised fee structure for trade mark opposition proceedings, with a particular focus on introducing incremental costs for the inclusion of multiple grounds and prior trade mark rights. These adjustments represent a marked departure from the current framework and will necessitate more precise and judicious strategies in opposition matters.
In this article, we outline the key amendments to the fee structure and examine their broader implications for trade mark owners.
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ZRO FUX given the green light: trade marks for phonetic equivalents
In a recent light-hearted decision from the Australian Trade Marks Office, the application for the word mark ZRO FUX was assessed as to whether the mark contains or consists of scandalous matter.
A trade mark must cause a significant degree of disgrace, shock or outrage which goes beyond merely giving offence to be considered scandalous matter. The decision is an important reminder for brands seeking to register eye-catching trade marks that using strategic spelling variations that add uniqueness, humour or a phonetic equivalent may avoid rejection by IP Australia.
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In case you missed it, the following articles were recently written and published by our team:
Australia’s next steps in AI regulation: voluntary standards today, mandatory guardrails tomorrow?
The Department of Industry, Science and Resources is seeking feedback on a Proposals Paper which sets out mandatory guardrails for certain high-risk applications of AI. Responses are due by 4 October 2024.
Alongside the mandatory guardrails, the Department has also released a Voluntary AI Safety Standard (Voluntary Standard) for businesses using AI in lower risk applications, or eager to adopt best practice before the mandatory guardrails are in place.
Both the proposal and the Voluntary Standard set the stage for the likely principles which will underpin Australia’s AI regulatory landscape.
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Modernising medical device law: insights on software regulation changes
The reforms to the Therapeutic Goods Act 1989 (Cth), which come into full effect in November 2024, have broadened the definition of a medical device to capture many kinds of products.
These changes aim to ensure patient safety by regulating all software products that meet the definition of a medical device under the Therapeutic Goods Act 1989. Software that meets the definition of a medical device must be included and correctly classified on the Australian Register of Therapeutic Goods before it can be legally supplied in Australia, unless the product is otherwise excluded or exempt.
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Long-awaited privacy laws hit Commonwealth Parliament
The Privacy and Other Legislation Amendment Bill 2024 (Bill) represents the first major outcome of a reform process running for over 4 years.
The legislation before Parliament proposes significant changes, including a statutory tort of privacy, a children’s privacy code, and criminal offences for doxxing, amongst a range of other measures.
If passed the Bill will represent the largest changes to the Privacy Act in at least 8 years and includes the first changes to the Australian Privacy Principles since they commenced over a decade ago.
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Your way or nothing at all: hybrid agile approaches
What hybrid agile alternatives can be adopted instead of a pure agile methodology for IT projects?
In this article, we break down the different ways that hybrid agile approaches can be adopted and outline the risks associated with these approaches to allow businesses to decide which approach is best for the specific situation to hand.
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