Insights + Resources

Our original content publications about general law, disruption and transformation in Data, Privacy + IP.
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Adidas’ 70 year Quest to own Stripes + the Importance of Trade Mark Protection

In January this year, trade mark lawyers representing American fashion brand Thom Browne told the Manhattan Southern District Court that Adidas...

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Privacy Around the World – 2023 Pulse Check

Individual privacy is valued as a right in many countries around the world, and protection of privacy has become a vital concern for regulators. Yet...

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The Rise of the AI Deities: As Thorny Issues Cluster – Part 1

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ChatGPT – Challenges to Ownership and Protection of IP in the Era of the AI Deities

As 2022 drew to a close, OpenAI released a public iteration of its web-based, machine-learning chatbot program, ChatGPT, and quickly garnered 100...

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AI Art Selfies: Some IP and Privacy concerns with the latest social trend

A recent ripple spreading rapidly through social media is an AI art app that creates stylised avatars based on selfies. The Lensa AI app was...

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Directors IDs: Just how personal is this 15-digit identifier?

Nearly 2.7 million Australian Directors have submitted their personal information to the Australian Business Registry Service to apply for a Director...

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Is SaaS / cloud-based software subject to export compliance rules in Australia?

Software as a Service (SaaS) technologies have disrupted and transformed the way many businesses deliver software enabled products and services to...

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Huge Fines for Businesses with Unfair Terms

With effect from 9 November 2022, new laws came into effect which amended the Australian Consumer Law to introduce very serious penalties for...

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Time to break out your Data Breach Response Plan: After more large-scale breaches, major changes are destined for Australian law

The September 2022 Optus data breach served as a wake-up call for the Australian government and businesses alike, driving rapid reforms to the...

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Post Optus Data Breach | Is Your Company’s Data Secure? How to Avoid Serious Harm to Your Business

In September 2022, millions of Australian Optus customers had their data hacked, causing widespread concerns of identity fraud. Optus,...

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METAVERSE+ | DALL-E 2: Who owns AI Art Under Australian Law?

Launched in July 2022 by US artificial intelligence research lab OpenAI, DALL-E 2 is a revolutionary text-to-image art generator which harnesses the...

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Can an A.I. Machine be an Inventor for Patent Registration?

Whether an AI machine can be recognised as an inventor for patent registration purposes raises fascinating legal and social anthropological...

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Corporate Law+ | Electronic Signing – How to Validly Use Cloud Based Platforms

While data and privacy concerns slowed the initial widespread adoption of e-signatures, attitudes have drastically changed towards e-signing and...

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Protecting Your Secret Sauce | How to Ensure You Actually Own that Valuable Business IP

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METAVERSE+ | Web 3.0 – Legal Considerations in the Spatial Era

Rapidly evolving technologies such as blockchain and artificial intelligence are heralding ‘Web 3.0’, a.k.a. ‘the next phase of the...

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METAVERSE+ | Why Facebook is Really Changing its Name to Meta

The tech giant formerly known has Facebook has recently announced that it will change its name to Meta and sharpen its focus on the development of...

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Should TikTok be Banned in Australia? Federal Parliamentary Inquiry launches over Chinese Data Security Fears

At the same time as the popularity of mobile app TikTok rises exponentially, countries around the world have raised data and security concerns....

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COVID-19+ | Protecting your Business from Cyber Attacks in a COVID-19 World

On 19 June 2020, Prime Minister Scott Morrison announced that all levels of Australian government were targeted by ‘sophisticated state-based...

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The Rise and Rise of IP – How to Protect and Leverage Intangible Assets

Intellectual Property (‘IP’) is the most important asset class for modern businesses today, accounting for almost 90% of a...

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COVID-19+ The COVIDSafe App & your Privacy: Is it safe to download?

As that famous virus continues to dominate world affairs, governments and tech companies worldwide are turning to mobile technology to help track...

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The Power of the Platform: ACCC Takes Aim at Facebook & Google

In June 2019, the Australian Competition and Consumer Commission (‘ACCC’) released its’ final report from the Digital Platforms Inquiry...

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IP Rights Holders beware! Changes to Competition Laws

The repeal of the so-called “IP exemption” from the Competition and Consumer Act could significantly impact commercial dealings in IP rights....

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Privacy Act to be seriously strengthened by proposed amendments

The Attorney-General, Christian Porter, has announced a proposal for making the Privacy Act 1988...

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Does wi-fi sniffing breach Australian privacy law?

‘Wi-fi sniffing’ can be used to generate useful insights for businesses without breaching data protection laws. However organisations...

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The EU Copyright Directive: Meme killers, link taxes and other controversies

On 14 September 2018, the European Parliament voted to pass the controversial European Union Directive on Copyright in the Digital Single Market...

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Google cops world’s biggest data fine

GDPR enforcement is ramping up. The French data protection authority CNIL has just fined Google €50 million, the world’s largest data...

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LAWFIT Guides: Is this too personal?

We examine the central definition of ‘Personal Information’ under Australian privacy...

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LAWFIT Guides: Employee records under Australian privacy law

We look at the treatment of employee data under Australian privacy...

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AR and the trailing footsteps of Australian privacy law

We look at how regulators might try and keep up with developments in...

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Cambridge Analytica & Facebook data harvesting controversy

Following a report that data from up to 60m Facebook accounts had been unlawfully used by its’ data partner, Cambridge Analytica, between 17...

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Does the GDPR apply to my Australian business?

The GDPR is a significant milestone for EU privacy law that cements a relatively rigorous privacy compliance regime which can, in certain...

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Security and the cyber giants: The stoush between Google and Symantec

Modern business is increasingly dependent on being able to trust the security and integrity of communications and network infrastructure. The...

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The Ashley Madison affair: Spotlight on cyber hacking and Australian privacy law

The Ashley Madison hack is one of the most significant data breaches in recent history. Whilst the breach was sizeable, the information compromised...

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Overview of the New Australian Privacy Principles

From 12 March 2014, the new Australian Privacy Principles (‘APPs’) impose a positive obligation on organisations to implement practices,...

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Half a million Facebook users reject new data use policy (but not enough)

Was this all a storm in a virtual teacup or was the 30% voter threshold always an impossible...

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