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The Laws of Australia Updates September 2016

The following Subtitles were updated in September 2016 and are now available on Westlaw AU:

Communications 6.9 “Internet Law”

Written by Valeska Bloch, Lawyer, Supreme Court of New South Wales and Managing Associate, Allens, and Adrian Fisher, Solicitor, Supreme Court of New South Wales and Counsel, Linklaters

Thomson Reuters is proud to announce the launch of a new Subtitle which covers the laws regulating content and activity on the internet, spanning the areas of: online content regulation; spam; online gambling; copyright infringement; cybercrime; and domain names. This Subtitle provides in-depth commentary on a number of cases and regulatory bodies, as well as coverage of significant legislation, regulations and policies creating the substantive law in these areas,  including: the Broadcasting Services Act 1992 (Cth); the Enhancing Online Safety for Children Act 2015 (Cth); the Spam Act 2003 (Cth); the Interactive Gambling Act 2001 (Cth); the Copyright Act 1968 (Cth); the Crimes Act 1914 (Cth); the Criminal Code (Cth); the Convention on Cybercrime (2001) ETS No 185; and the Uniform Domain Name Dispute Resolution Policy.

Key Cases: Duffy v Google Inc [2015] SASC 170; Roadshow Films Pty Ltd v iiNet Ltd (No 2) [2012] HCA 16; Dallas Buyers Club LLC v iiNet Ltd [2015] FCA 317; Cooper v The Queen [2012] VSCA 32; Sports Warehouse Inc v Fry Consulting Pty Ltd (Sports Warehouse Case) [2010] FCA 664.

Criminal Law Procedures 9.1 “The Criminal Laws” (Chs 5-6)

Updated by Professor Mirko Bagaric, School of Law, Deakin University

 This Subtitle considers the fundamental precepts from which the criminal laws proceed. This update includes commentary about territorial and extraterritorial jurisdiction, as well as trial courts and jurisdiction.

Intellectual Property 23.1 “Copyright” (Ch 8)

Updated by Peter Knight, Solicitor, Supreme Court of New South Wales and High Court of Australia, Partner, Banki Haddock Fiora

The landmark Dallas Buyers Club decisions (eg Dallas Buyers Club LLC v iiNet Ltd (No 4) [2015] FCA 838) set limits to civil remedies for infringement of a work via peer-to-peer file-sharing services. Perram J also balanced those remedies against the rights of individual privacy with respect of personal information, making disclosure orders with specific boundaries for use of the collected information. Those orders were stayed when evidence was provided that the applicants might seek information to which they were not entitled, and might mislead those they contacted as to their liability to pay compensation or how much compensation they might be required to pay.

Key Cases: Dallas Buyers Club LLC v iiNet Ltd (No 4) [2015] FCA 838; Dynamic Supplies Pty Ltd v Tonnex International Pty Ltd (No 3) [2014] FCA 909; Allam v Aristocrat Technologies (Aust) Pty Ltd [2012] FCAFC 34.

Intellectual Property 23.4 “Patents” (Chs 3, 7)

Updated by Rodney De Boos, Consultant, Davies Collison Cave

Updated Ch 3 of this Subtitle explores issues relating to ownership of patent rights, including entitlement to obtain a patent and joint ownership of patents. Updated Ch 7 of this Subtitle discusses exploitation of patent rights by assignment and licensing, including with respect to pharmaceutical inventions.

Key Cases: Bristol-Myers Squibb Co v Apotex Pty Ltd (No 5) [2013] FCA 1114; Re Stylis and Commissioner of Patents [2014] AATA 796; ARB Corp Ltd v Roberts [2014] VSC 495; Intellectual Property Laws Amendment Act 2015 (Cth).

Key Legislation: Patents Act 1990 (Cth); Patents Regulations 1991 (Cth); Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015 (Cth).

October 2016 currently scheduled updates (subject to change):

2 Administrative Law 2.1 "Administrative Law System"

2 Administrative Law 2.3 "Access to Information"

2 Administrative Law 2.7 "Other Forms of Review and Appeal"

9 Criminal Law Principles 9.1 "The Criminal Laws" Ch 7

10 Criminal Offences 10.3 "Sexual Offences"

21 Human Rights 21.4 "Civil and Political Rights"

23 Intellectual Property 23.4 "Patents" Ch 8

By Adam Dallas

Adam Dallas is a Legal Editor with The Laws of Australia encyclopaedia.

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