N

Our legal experts will keep you up to date on all relevant and current developments.

Ignore Cyber Protection – Pay the Price: Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496

It has happened: a company that failed to implement proper cyber security measures in Australia has been taken to court by the regulators, with the company ordered to pay costs of $750,000.

In the matter of the Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496, the Court found that a financial services provider had breached its licence obligations, and failed to act efficiently or fairly by not having in place adequate risk management systems to cater for risks arising in relation to cyber security.


Federal Court confirms that a patent applicant, owner and inventor must be a natural person: Thaler v Commissioner of Patents [2021] FCA 879

Readers may recall Holman Webb’s September 2021 article ‘The Future of Artificial Intelligence - Can AI invent software?, which reported on a landmark judgement by Justice Beach of the Federal Court in the matter of Thaler v Commissioner of Patents [2021] FCA 879, which determined that under Australian law, artificial intelligence could be listed as the inventor in relation to an application for a patent

Readers may also recall that the Commissioner of Patents appealed that decision.

That decision has now been overturned by the Full Court of the Federal Court, in a unanimous judgement which brings Australia into line with most other jurisdictions around the world.


The Office of the Australian Information Commissioner Releases Biannual Report and Performance Statement

The Office of the Australian Information Commissioner (‘OAIC’) has released its 2020–21 annual report and performance statement.

In the past 12 months, the OAIC has sought to establish strong privacy protections to both increase public confidence in the use of personal information, and minimise the public health risks associated with COVID-19.


What are the Limits of Implied Software Licences?  QAD Inc v Shepparton Partners Collective Operations Pty Ltd [2021] FCA 615

If you purchased a business and the sale included all of the business’s computers, would it be reasonable to expect to be able to use the software installed on those computers?

In the recent matter of QAD Inc v Shepparton Partners Collective Operations Pty Ltd [2021] FCA 615, the Federal Court ordered Shepparton Partners Collective Operations Pty Ltd (‘SPC’) to pay $1M+ in damages to software company QAD Inc (‘QAD’), after finding that SPC had infringed copyright after purchasing the business from Coca-Cola Amatil (‘CCA’) without having secured a transfer of the relevant software licence agreement.

  • After the sale QAD required payment of a fee as a condition for its consent to transfer the licence, which SPC refused to pay.
  • SPC denied that it had infringed copyright, claiming that it had an implied licence from QAD to use the software.
  • SPC cross-claimed against Sale Co 1 Limited (‘SaleCo’) and CCA on the basis they had failed to use their ‘best endeavours’ to secure a transfer of the licence agreement.

Office of the Australian Information Commissioner: “Clearview AI breached Australians’ privacy”

Back in February 2020, Holman Webb published an article ‘AI and Facial Identification Technology – the Face of the Future?’, which referred to an article in the New York Times highlighting Clearview AI, and the use of the company’s facial recognition technology by law enforcement agencies internationally.

At the time the Australian Parliament was considering the introduction of the Identity-matching Services Bill 2019 and Australian Passports Amendment (Identity-matching Services) Bill 2019 which would enable the Department of Home Affairs and Foreign Affairs and Trade to utilise similar facial recognition technology.

As it turns out, Holman Webb Lawyers were not the only ones taking a close look at Clearview AI. Since that time, it appears that Clearview AI was offering free software trials to numerous law enforcement agencies within Australia, some of whom have commenced their investigation into the use of the app and have been feeding visual data into the system.


Drone Laws: New Registration and Mandatory Reporting Scheme

In Holman Webb’s April 2020 article Drone (UAV) Laws: Focused on Safety or Keeping Australia Back?, we discussed the strict regulations surrounding the use of drones (aka Unmanned Aerial Vehicles, or ‘UAVs’) within Australia. That article considered the impact of these regulations on Australia’s advancement with respect to UAV technology, especially within the agricultural and medical industries.

Since April 2020, the regulations have increased.


The Future of Artificial Intelligence - Can AI invent software?
Friday 17 September 2021 / by Tal Williams & Edita Grinbergs posted in Intellectual Property Protection Technology Law Artificial Intelligence Patents Intellectual Property Patents Act 1990

The Commissioner of Patents will appeal the Australian Federal Court’s recent decision in Thaler v Commissioner of Patents [2021] FCA 879, to allow machines to be recognised as inventors on a patent application, on the basis that the decision is ‘incompatible’ with Australian patent law


Electronic Signing of Documents by Companies and the Conduct of Virtual Meetings - Legislation Passed

On 10 August 2021 both Houses of Parliament passed the Treasury Laws Amendment (2021 Measures  No 1) Bill 2021, enabling companies to sign and execute documents, hold meetings, provide notices relating to meetings and keep minutes using electronic means or other alternative technologies, until the end of March 2022.

The Act will formally take effect once it receives Royal assent.


Ransomware Payments Bill 2021 – Will You Need to Report?

On 21 June 2021, Shadow Assistant Minister for Cyber Security, Tim Watts introduced the private members Ransomware Payments Bill 2021 (Cth) into Parliament. The Bill would require the Commonwealth Government and big businesses to report ransomware payments to the Australian Cyber Security Centre (ACSC).

The Bill was introduced in response to the 200% increase in reported ransomware attacks on Australian organisations - including prominent incidents affecting companies such as JBS Foods and Nine Entertainment.


The Importance of Staff Training and Cyber Security Vigilance

In a recent article, Holman Webb highlighted the importance of the Essential Eight mitigation strategies recommended by the Australian Cyber Security Centre (ACSC) which, if implemented, minimises the chance of an organisation falling victim to a cyber-attack.

With this in mind, we thought it timely to remind readers of the importance of staff training and cyber-security vigilance.


Recent Posts






1

2 3 4 5 6 7 8 9 10