Legal Update: The Therapeutic Goods Administration has been issuing warnings for non-compliant advertising of therapeutic goods while the courts have made it clear when imposing penalties that when it comes to compliance with the Therapeutic Goods Act 1989 (Cth), ignorance of the law is no excuse.
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Understanding the risks and legal issues associated with using cloud based computing services is critical for risk management and protection of an organisation’s data and related intellectual property and to minimise the risk of business disruption.
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The Optus data breach involving the disclosure of personal information of about 10 million Optus customers, exposes Optus to claims for compensation under the Privacy Act 1988 (Cth) and also to possible claims for breach of contract, negligence and contravention of the Australian Consumer Law.
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Recent case of ASIC v RI Advice Group Pty Ltd serves as a warning that companies which do not have adequate cybersecurity risk management plans, systems and controls in place are at risk of contravention of the Corporations Law and the Privacy Act which can result in substantial pecuniary penalties. Practical steps can be taken by companies and their directors to reduce these risks.
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In this article Stephens Lawyers & Consultants considers how the increasing use of AI technology or systems in the inventive or creative process to generate inventions and literary, artistic, musical and dramatic works is challenging Australia’s existing IP laws, and offers policy and practical considerations for Intellectual property protection of AI or computer generated works.
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Knowing if an agreement is a ‘franchise agreement’ for the purpose of the Australian Franchising Code of Conduct matters. A business can be exposed to significant penalties where incorrect assumptions have been made as to whether existing or proposed agreements and arrangements with licensees, distributors and other dealers are franchise agreements for the purpose of the Franchising Code.
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