DCCL Resource Centre: Issue 9

DCCL Resource Centre: Issue 9

DCCL Resource Centre: Issue 9

9 September 2020

This newsletter contains helpful up-to-date resources for our clients. Our previous resource centre publications are available here. Clients are welcome to raise specific issues which they would like us to comment upon in future publications.

Webinar: Protecting trade marks in an online environment

Businesses around the world have increasingly moved operations online in 2020, fuelling the importance of protecting their brands in an online environment.  DCC Trade Marks Principal Stuart Green provides an overview of the importance of a brand protection strategy in his presentation and slides available here.

Webinar: Pursuing counterfeit products in an online environment

Online shopping has never been more important as access to retail stores has, in many parts of the world, been curtailed to reduce risks of COVID-19 infections. Unfortunately, increased online shopping activity also gives rise to greater opportunities for counterfeiters to offload their products on unsuspecting consumers.  DCCL Principal Lawyer Miriam Zanker discusses options for pursuing counterfeit products available on different online retail platforms and looks at how, increasingly, platform providers are making it easier and more cost-effective to remove counterfeits from online marketplaces through take-down programs.  Miriam’s presentation and slides (which contain a checklist of the current take-down options available various online platforms) are available here.

Webinar: Streaming service platforms terms of use 

Streaming service platforms have underpinned the ability of event organisers around the world to pivot from “live” environments to online events in 2020.  Suzette Pullinger and Courtney White provide an overview of the standard terms of use of major streaming service platforms and the options provided by different platforms to enforce intellectual property rights in a presentation available here.  The presentation slides provide a table summarising the key differences between the licences granted pursuant to the terms of use of streaming service platforms.

Webinar: Privacy obligations of video teleconference providers

This year has seen a dramatic increase in the use of videoconferencing software such as Zoom and Microsoft Teams, both socially and for businesses.  Dr Gordon Hughes’s discussion of the privacy risks for providers and businesses associated with video teleconferencing can be viewed here.

Webinar: Licensing and online platform terms of use

The importance of businesses documenting their rights to licensed content, and understanding the standard terms and conditions of online platforms distributing their content, is summarised in a short case study based on the recent Federal Court case Hardingham v RP Data [2019] FCA 2075 presented by Fiona Galbraith here.

Webinar: Website testimonials

With an increasing number of goods and services being purchased online, the Australian Competition and Consumer Commission has recognised the important role that online customer reviews and testimonials play in informing consumer spending and decision-making. As such, businesses need to be aware of their obligations regarding publishing, relying upon, and incentivising online reviews. DCCL Lawyer Lachlan Sadler discusses this, in light of a recent decision of the Federal Court regarding misleading online reviews, here.

Webinar: Patents in an online environment

DCCL Principal Lawyer Nik Ramchand provides an update on the challenges faced by businesses seeking Australian patents to protect systems which operate in online environment. Nik reviews the cases which provide guidance on whether computer-implemented methods constitute patentable subject matter, and the extent to which computer-implemented methods must add something “technical” to be eligible for Australian patent protection. The presentation and the presentation slides can be viewed here.

Legal Resource Team

If you have any queries, please get in touch with one of the principals in our Legal Resource Team:

Dr Gordon Hughes AM

Principal Lawyer

E: GHughes@davies.com.au

P: +61 3 9254 2582

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Craig Finlayson CTA 

Principal Lawyer 

E: CFinlayson@davies.com.au

P: +61 3 9254 2716

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Paul Dewar

Principal Lawyer

E: PDewar@davies.com.au

P: +61 2 9293 1048

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