DCC Insights (Issue 10) showcases the latest IP and legal articles, industry updates, and DCC news and events.
| FEATURE ARTICLE
Federal government proposes “Anti-Trolling” legislation…but is it really anti-troll?In November 2021, the Prime Minister announced a “world-leading” move to combat online trolls through the introduction of “new court powers to force global media giants to unmask anonymous online trolls and better protect Australians online”. We examine the Social Media (Anti-Trolling) Bill 2021 (Cth) and outline some of our concerns, including its focus on defamation (a cause of action that is difficult to establish), its requirement that ‘trolls’ consent to their own identities being revealed, and its slow-moving pace, which would allow defamatory comments to remain wholly unaddressed for up to 72 hours after a complaint is made. Read more here. |
Articles
Patents
Full Federal Court decides patent eligibility of risk management software invention cannot be cured by amendment
In Repipe Pty Ltd v Commissioner of Patents [2021] FCAFC 223, the Full Federal Court refused to grant leave to appeal from a decision by the primary judge that the Applicant’s two inventions at issue were not patentable subject matter. The decision re-affirms that computer-implemented inventions must represent an advance in computer technology in order to be patent-eligible, and highlights the difficulty in amending a specification to disclose patentable subject matter. Read more here.
DABUS update: New Zealand Patent Office rejects AI inventorship
The New Zealand Patent Office has weighed in on the worldwide debate as to whether AI machine DABUS can be recognised as an inventor in Stephen L. Thaler [2022] NZIPOPAT 2, finding that only natural persons can be inventors under New Zealand law. The decision by IPONZ follows a recent Australian Federal Court decision in favour of AI inventors, which is currently under appeal. Read more here.
Unpacking the proposed “patent box” reforms
The Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 (Cth), which seeks to implement a “patent box” regime in Australia, was introduced into Federal Parliament on 10 February 2022. The regime is intended to encourage innovation and commercialisation of patented inventions in the biotechnology and pharmaceutical industries in Australia by providing a significant tax concession where R&D in relation to the patent is conducted in Australia. Read more here.
Privacy & Data Protection
COVID scams: the catalyst for law reform?
Have you been receiving more scam calls and messages recently? If so, you’re not alone –scam activity has skyrocketed since the beginning of the COVID-19 pandemic. We discuss the tools currently available to those wishing to catch a scammer, recover any losses and prevent future unwanted contact. We also examine the Australian Labor Party’s proposal to address the holes in our current system and consider whether the proposed changes are likely to effect meaningful change. Read more here.
Singapore
Important changes to Singapore’s IP system
Several key changes to Singapore’s IP system have been approved by Parliament and are expected to be implemented in May 2022. We outline the key changes affecting trade mark, patent, design and plant variety rights, as well as a new mechanism for opposing the correction of errors in applications or registrations that affect third parties. Read more here.
Industry Updates
DCC’s TMT Update
Our latest update of key developments in the areas of technology, media and telecommunications in Australia includes our reports on several privacy breaches resulting from the misuse of facial recognition technology, proposed legislation aimed at regulating the use of COVID-19 data, and the Government’s proposed Critical Technology Supply Chain Principles, aimed at improving the security and transparency of the supply chains of technologies that have the ability to affect Australia’s national interests. Read more here.
DCC’s Competition and Consumer Law Update
Our latest update of key developments in the areas of competition and consumer law in Australia includes our discussion of a recent decision concerning misleading Google search advertisements, the $1.5 million penalty ordered against a sports retailer for failing to adhere to mandatory safety labelling requirements, and our recap of the most recent proceedings commenced by the ACCC. Read more here.
DCC News & Events
In-House Counsel CPD Day 2022
On Thursday 3 March 2022, DCC is hosting a virtual CPD day specifically tailored for in-house counsel. The day has been designed to meet the CPD needs of in house lawyers, trade mark attorneys and patent attorneys. Some of Australia’s leading practitioners will be presenting on a wide range of topics including patents, trade marks, copyright, privacy, consumer law, tax and corporate law, ethics, practice management, and professional and business skills. Click here to register and receive your webinar link. Please feel free to forward this link to any of your colleagues who may wish to attend.