Legal Updates

IP, IT and Biotechnology

Surveillance Laws in South Australia – What’s new?

New video and other surveillance laws are now in force in South Australia (since December 2017). The Surveillance Devices Act 2016 (SA) regulates the use of any device (including mobile devices) to listen, record, monitor or video anyone engaged in ‘private activities’ without their consent. Previously, the legislation applied to the capture of audio recordings…

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Let the games begin!

The 2018 Gold Coast Commonwealth Games kick off on 4 April, and companies everywhere are on their marks and getting set to go with related media and radio advertisements, as brands try their best to win the hearts and minds of Australians through their association with our favourite sporting heroes. The commercial attention and national…

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Notifiable data breaches

Worried about a ‘notifiable data breach’ (‘NDB’)?  Don’t be. The sky is not falling in. The new scheme comes into effect today and is potentially far reaching, but in practice is not a game-changer. So what does it all mean? From 22 February 2018, organisations (including businesses, charities, NFPs) which may handle personal information (PI)…

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Trade mark fee changes

IP Australia is changing trade mark fees from 10 October 2016. The good news The registration fee of $300 (payable when a mark is accepted and about to be put on the Register) will be abolished. Also to be abolished are fees for opposing a trade mark application. The bad news Fees for filing a…

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Trade mark renewal scam

If you or your business has trade marks (or other IP rights) registered, you may have already experienced at least one scam.  (If you don’t have your trade marks registered, you really should, for lots of reasons – please talk to us.) The scams take the form of an official-looking letter or invoice requesting payment…

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Technology, risk, and destroying a whole company

Looking after and managing legal risk should involve a holistic approach, particularly when there is technology involved. Good risk management entails categorizing the various risks, and then assessing the consequences if something were to go wrong, and the likelihood that it might do so.  This then leads to a residual risk rating (low, medium, high,…

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A new bill to regulate drone use in SA

There has in recent times been a huge uptake in the use of drones (more properly, ‘UAVs’, or unmanned aerial vehicles), particularly with their prices dropping.   In South Australia, a bill in Parliament will, if passed, make it a criminal offence to fly a UAV within 30 metres of another person’s private property. For media…

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Who wants play pirates?

Recently a client contacted me after receiving a letter from lawyers representing the Business Software Alliance (BSA). The BSA is an alliance of the world’s most powerful and prolific software companies such as Microsoft, Adobe (their most famous products are Acrobat and Photoshop), Apple and Autodesk (they have AutoCad), Cisco, Oracle, Symantec and Trend to…

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Protection of Company and Business Names

The entitlement to and protection of company names and business names is an important, although often poorly understood, area of the law. A company name can be registered if it is not identical to another registered company name or business name. A business name can be registered if it is not identical or nearly identical…

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