Technology Disputes – Risk Management – April 2024

Digital economy including digital platforms and on-line market-places continue to be compliance and enforcement priorities for regulators in Australia – including ACCC, ASIC and OAIC. This update provides a review of recent Australian technology cases and ensuing compliance and risk management issues.

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Australian Government publishes interim response on Safe and Responsible AI in Australia

On 17 January 2024, the Australian Government released its Interim Response to consultations held on Safe and Responsible AI in Australia. The Interim Response shows that the Government will be targeting the use of AI in ‘high-risk settings’ with ‘mandatory guardrails’ for the safe AI design, development and deployment in high risk settings being considered in close consultation with industry and the community.

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AI created Inventions or Works – Are they protected by Australian IP laws?

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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Distribution and IP Licence Agreements: Are they subject to the Australian Franchising Code of Conduct?

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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