Protecting and Enforcing IP Online

• CPD Points: 1 [PM] [SL]
• Price: $77.00
• Area: Companies / Corporations Law; Cybersecurity Law; Digital and Information Technology Law; Intellectual Property; Litigation; Property Law; Risk Management and Liability
• Delivered: April 2022

Digital Content

• Recording
• Papers (none)

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Description

In this two part session on protecting and enforcing IP online, Ms Sally Foreman and Mr Gordon Hughes from Davies Collinson Cave Lawyers cover two major areas of importance in this space: the important changes to Australian domain names; and discussion of the flow-on effects of the ACCC Digital Platform Inquiry. This session was presented into the Property and Commercial Law Conference 2022.

Part I: Important changes to Australian domain names explores what action you can take against bad faith registration of domain names; the new .au domain name licensing rules; the new .au domain name.

The key takeaways from Part I are:

• Bad faith registration of domain names can constitute trademark. infringement, misleading and deceptive conduct and may also breach the Australian domain name dispute resolution policy.
• The new .au domain name licensing rules change the basis on which both Australian businesses and foreign businesses can be eligible to own an Australian domain name.

Part II: The ACCC Digital Platform Policy Inquiry and its flow-on effects.

In 2019 the ACCC published the Final Report of its Inquiry into Digital Platforms. The report focussed on the impact of Google and Facebook on competition in media and advertising services markets. The Inquiry has led to a series of follow-up initiatives, including reviews of the cost of digital advertising, the adequacy of existing consumer laws, the introduction of the News Media Bargaining Code and an overhaul of the Privacy Act 1988. This presentation will focus on possible changes to Australia's privacy regime.

The key takeaways from Part II are:

• It is difficult for practitioners to avoid having at least a working knowledge of the Privacy Act 1988.
• Practitioners should be aware that changes may be introduced to such contentious aspects of the current Act as the small business exemption, the employee record exemption and cross-border data transmission restrictions, together with the introduction of some of the more stringent aspects of the European GDPR.
• A statutory right to privacy is also under consideration