Archives for: ‘Telecoms’

Can I use a competitor’s name or trade marks for Google AdWords?

This question is often asked by companies considering ways to funnel internet traffic to their own website by diverting internet users seeking to access a competitor’s website. A single judge of the Federal Court has found that the use of a competitor’s trade mark as a keyword in Google AdWords is neither trade mark infringement nor likely to mislead or …

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The fragrant but (un)safe harbour: what happened to Hong Kong’s Copyright amendment?

Hong Kong may be famed for its deep and sheltered harbour, but prolonged debate over amendments to the Copyright Ordinance have seen ‘safe harbours’ for internet providers sink. On 8 March 2016, an Editorial in the South China Morning Post mourned for Hong Kong’s amendment, Copyright (Amendment) Bill 2014: With the legislature becoming increasingly hostile, the passage of government bills …

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Consultation period commences for China’s new draft cybersecurity law

by Rui Wang (Beijing), Martyn Huckerby, Colin Bailey and Yijia Tu (Shanghai) and Kim O’Connell (Sydney) Foreign companies doing business with Chinese entities or on their own account in China should be aware of the changing landscape for digital information. A Consultation Draft of a New PRC Cyber Security Law was posted on the National People’s Congress website on 6 …

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Telco Sector Security Reforms

Authors: Michael Swinson (Partner) and TJ Saw (Solicitor) On 25 June 2015 the Attorney-General and the Minister for Communications released an exposure draft of a new piece of legislation that aims to strengthen the Government’s ability to manage national security risks affecting telecommunications networks. The proposed Telecommunications and Other Legislation Amendment Bill 2015 is the latest in a series of …

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Misuse of private information is a “tort” in English law

The Court of Appeal for England and Wales has held that the cause of action recognised in English law since Campbell v Mirror Group for misuse of private information should be classified as a tort rather than an equitable cause of action. The question of classification was important in litigation against Google, Inc, because the plaintiffs needed to establish that …

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Immigration removals delayed pending assessment of data breach

The Immigration department’s well publicised 2014 data security breach continues to cause difficulties for the Department.  In late January and mid February the courts have issued interlocutory injunctions preventing the removal from Australia of certain asylum seekers pending the outcome of administrative law challenges to decisions to refuse refugee status, based on the Department’s consideration of the impact of the …

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