Intellectual property

A business's intellectual property (IP) can be one of its most precious assets.

Intellectual property and technology

TerraLex Cross-Border Copyright Guide 2019

Intellectual Property and Technology Partner Robert Neely and Corporate Lawyer Edward Lyons wrote the Australian section of the 2019 edition of the TerraLex Cross-border Copyright Guide. TerraLex is one of the top elite global networks of independent law firms, of which Lander & Rogers is the exclusive member for Australia. The network comprises 155 leading law firms employing more than 19,000 lawyers in 100 countries. In addition to information about Australia's copyright laws, this section outlines areas of copyright reform including: the expansion of flexible exceptions to copyright infringement, exceptions to be protected from 'contracting out', and reform to the access of works where the copyright owner cannot be identified or located.

An AI (eye) for design: Copyright in AI-generated creations

The application of intellectual property laws, in particular copyright principles, to the creation and use of AI-generated works raises nuanced questions of copyright ownership and infringement.

Critical Infrastructure Protection Act 2022 explained

The recent amendments to the SOCI Act send a clear message to responsible entities of critical infrastructure assets that risk management (including cybersecurity risk management) must be prioritised and form part of the entity's core business activity.

IP Australia: Business continuity during COVID-19

IP Australia has published updates on how it is maintaining its services during COVID-19, in relation to hearings, correspondence, filing documents, making payments, extensions and PBR applications.

Streaming services cause digital disruption "by contract" for film industry

For the second time in less than 12 months, a major film studio is being sued by a key collaborative partner for breach of contract in relation to the contemporaneous streaming release of a high-profile film.

CPS 234: What chief technology officers need to know about complying with the standard

Managing regulation in an environment where not all parties in your supply chain or outsourcing arrangements are bound by CPS 234, is one of the challenges facing many businesses in implementing this relatively new prudential standard.

Three significant areas of reform proposed in Privacy Act Review

On 16 February 2023 the Attorney-General's Department published the Privacy Act Review: Report 2022, which included three significant areas for reform.

Case study: Facebook subsidiaries fined $20 million for misleading consumers

On 26 July 2023 the Federal Court ordered two Facebook subsidiaries, Facebook Israel Ltd and Onavo Inc to each pay a pecuniary penalty of $10 million for engaging in misleading conduct in breach of the Australian Consumer Law.

Lander & Rogers welcomes new TMT partner

Leading contemporary law firm Lander & Rogers has today welcomed partner Lisa Fitzgerald to its corporate group. Lisa brings further strength to the firm's Technology and Digital practice, advising clients on digital transformation, procurement, technology infrastructure and data security.

New era for merger control in Australia

Australia’s new merger control regime has commenced, with a transitional period now in effect from 1 July 2025. The current voluntary regime remains in place until 31 December 2025, after which it will be replaced by a mandatory notification and clearance process.

Transfer of social media accounts in M&A transactions

In the current digital economy, a strong social media presence can be a valuable asset and contribute significantly to a company's overall worth. But, it is not always recognised by the company balance sheet, often making it a periphery consideration during mergers and acquisitions (M&A).

Fairfax & Others v Voller: Liability for third-party Facebook posts revisited… but still not answered

Whether companies are liable for third-party posts on their Facebook page has become only marginally clearer following the much-anticipated decision of the New South Wales Court of Appeal in the Dylan Voller defamation case.

Major reform to Australian privacy laws calls for privacy prioritisation

The Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022 implements the most significant reforms to Australia's privacy laws since the commencement of the Notifiable Data Breaches Scheme in 2018.

Cricket Australia shares insights into its impending NFT launch with Lander & Rogers and the firm's clients

Lander & Rogers' people, clients and industry partners recently gained insight into how one of Australia's biggest sporting bodies is looking to the future by launching into the metaverse.

Bit by bit, blockchain is coming

You’ve probably heard these buzzwords around the office. You may have even feigned understanding when they were brought up at the last innovation retreat. But what does it all mean? We take a brief look at who's who in the zoo of distributed ledger technology and why, as a lawyer, you should consider caring.

The expanding net of publication: Social media and third-party comment: Fairfax & Others v Voller

In a majority decision that will create consternation for media outlets and businesses operating social media pages, the High Court has dismissed appeals from the decision of the New South Wales Court of Appeal and confirmed that the media defendants were publishers of alleged defamatory third-party comments made on their public Facebook pages.

Guide to data protection in Australia

The 2021 Terralex Guide to Data Protection features a chapter on privacy laws and regulations in Australia, contributed by Corporate partner, Lisa Fitzgerald.

Case study: OAIC v Facebook

Proceedings against social media giant Facebook demonstrate that the jurisdiction of the OAIC extends even to companies located predominantly outside of Australia.

Privacy mid-year review: Regulatory activity in 2023

Regulatory activity in the first half of 2023 has included a joint investigation into Latitude Finance by the OAIC and New Zealand's Office of the Privacy Commissioner.

Case study: APRA regulatory action against Medibank

On 27 June 2023, the Australian Prudential and Regulation Authority (APRA) announced it would impose on Medibank Private a capital adequacy requirement of $250 million.

Corporate espionage and sabotage: Mitigating the risk of personnel hazards

While people are often an organisation's greatest asset, they can also be the greatest liability when it comes to cyber security.

Case study: Clearview AI Inc v Australian Information Commissioner

The recent findings of a review by the Administrative Appeals Tribunal into the practices of facial recognition software service Clearview provide valuable insights into the extra-territorial application of the Privacy Act.

Artificial intelligence regulation under the watchful eye of Digital Platform Regulators' Forum

The Digital Platform Regulators' Forum has prepared a joint submission to government acknowledging the potential for artificial intelligence to enhance Australia's digital economy but also to compromise consumer protection, competition, privacy and online safety, as well as the work of Australia's regulatory bodies.

Lander & Rogers appointed to the whole of Australian Government Legal Services Panel

Lander & Rogers is delighted to announce the firm's appointment to all legal areas in the Whole of Australian Government (WOAG) Legal Services Panel across every area of law and practice area, including: Workplace, Industrial Relations and Compensation Public Law Corporate and Commercial (General) Corporate and Commercial (Specialist) Property and Environment Legal Support Services

Mental health during COVID-19

As family lawyers, we are acutely aware that our clients are often stressed and anxious whilst going through separation and the resolution of parenting and property matters. It's an understandable and normal reaction to difficult personal circumstances.