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  • Canada's Supreme Court decision against Google has far reaching implicationsPosted on July 23, 2017 by
    On 28 June 2017 Canada's Supreme Court upheld a decision ordering Google to remove links to websites unlawfully selling the intellectual property of another company. The Judges (7-2) in Google Inc. v. Equustek Solutions Inc maintained that Canadian courts had authority to issue an injunction forcing Google, a non-party to the initial proceedings, to delete search results, not only within Canada but globally. The case The underlying action (commenced in 2011) involved Equustek Solutions Inc (Equustek), a small technology company, launching proceedings against Datalink Technologies Gateways L...
  • Petya (or NotPetya): it's time to actPosted on June 28, 2017 by
    Just when Australian businesses thought they had escaped the worst of WannaCry, there's a new ransomware campaign hot on its heels and reportedly exploiting the same vulnerability. The malware responsible is widely thought to be a version of Petya which some industry specialists have termed "NotPetya". Whatever the name, this fresh ransomware campaign has already crippled Ukrainian government departments, banks, power distributors and transport networks before reportedly spreading to other high-profile victims such as a British advertising powerhouse, a French construction materials giant...
  • Google trade mark survives generic challenge in the USPosted on June 19, 2017 by
    A United States appeal court has recently found in favour of Google, Inc in a case that sought to argue that the word GOOGLE should lose trade mark protection because it has become generic. The case US trade mark legislation permits the cancellation of a registered trade mark on the ground that the primary significance of the mark to the relevant public is as a generic name for some or all of the goods or services for which it is registered.  In other words, if consumers generally understand the term to refer to the type of goods or services, rather than the source of the goods and serv...
  • Trade mark ownership: the Insight scoop to avoid refusalPosted on June 8, 2017 by
    The recent Full Federal Court decision of Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd highlights the danger of filing a trade mark application in the wrong name. There were a couple of corporate names used throughout the application – for the purposes of this post we will refer to the party seeking registration as Pham Global and the opponent as ICI. Pham Global appealed to the Full Court following the decision of Justice Davies to uphold the Registrar's refusal to register the following mark: The trade mark application was originally made by Mr Pham (the sole director of Pha...
  • Insights from the OAIC's draft mandatory data breach notification resources released for commentPosted on June 5, 2017 by
    The Office of the Australian Information Commissioner (OAIC) last week released four resources on the mandatory data breach notification scheme (DBN scheme)  for consultation. Public comments on these are due by 14 July 2017. The resources cover: the types of entities that will be covered by the DBN scheme; notifying individuals about an eligible data breach; identifying eligible data breaches; and the Commissioner's roles in the DBN scheme. Here is a brief summary of the resources and some key points from the resources: Key takeaways The Commissioner's focus in the first 12...
  • From body cameras to self-analysing toilets - Privacy considerations with new technologies in the workplacePosted on May 21, 2017 by
    Many of our clients introduce new technologies into their workforce with the aim of improving safety – recently we have seen employers, ranging from emergency services and health providers to construction firms, introducing body cameras, and there are plenty of smart phone apps which assist with WHS compliance. New technologies As well as the technologies we are familiar with, there are a raft of new sensorised technologies which are quickly becoming economically feasible for wide deployment. For example, sensorised flooring, which is currently being developed to address fall risks in healt...

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