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Software Applications Hard to Patent in Australia

The decision today of the Full Court in Commissioner of Patents v Rokt  further clarifies the position in relation to whether a computer implemented method can be patentable in Australia.  

The decision follows a series of decisions considering similar issues, which each focus on whether particular software can be the subject of a patent.  In summary, the Full Court finds that the software in question in this case, which related to a method of presenting targeted advertising to a consumer, was not a patentable invention, as it was merely a method for using the well known and understood functions of a computer.

The decision reinforces the fact that a method which gets a computer to do something it has not done before is not patentable – to be patentable the method would have to enable the computer to do something which it was previously unable to do. 

The law of patentable subject matter in Australia is illogical and discriminates against inventors who implement their inventions in software.

Electronic Signing of Agreements and Deeds for Companies in Australia

This article highlights the changes to the law in Australia regarding electronic signing of documents by companies.  COVID-19 brought about these changes, that will stay in place once the Covid is gone.

https://www.kwm.com/en/au/knowledge/insights/signing-contracts-electronically-just-got-easier-for-companies-20200506

UK Financial Regulator Publishes Insights from the Cyber Coordination Groups

A UK financial regulator has published a report regarding cybersecurity risks.

"CCG members also noted the development of cloud security as an emerging risk area, and that data held in cloud environments should be encrypted and protected by appropriate intrusion detection/prevention controls. In some cases, it may be advisable to include “kill switch” technology, which allows for immediate disconnection to manage the risk of a cyber attack having a more widespread impact."

See
https://www.ropesgray.com/en/newsroom/alerts/2020/03/UK-Financial-Conduct-Authority-Publishes-Insights-from-the-Cyber-Coordination-Groups

May The Fourth Be With Disney

When Disney asked “Star Wars” fans to share their favorite memories of the franchise using the hashtag #MayThe4th, it said responses would fall under its terms of use agreement. Social media users were scathing.

See NY Times Article: https://www.nytimes.com/2020/04/28/business/star-wars-may-the-fourth-disney.html


Google liable for defamation based on search results

A recent Australian case concerning defamation and Google:
Defteros v Google LLC [2020] VSC 219 (30 April 2020)
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC//2020/219.html

"Google submitted that it could not be liable as a secondary publisher, because its search engine is fully automated and does not intend the communication of any particular words or images, including any third party webpage to which a user might navigate. I do not accept this submission....
As the law stands in Australia, the common law casts the publication net wide. The liability of publishers is then limited by a range of common law and statutory defences. In particular, the common law ‘defence’ of innocent dissemination operates to limit the potential liability of search engine providers. Later in this judgment, I also consider the application of the statutory defence of qualified privilege to Google search results."

Facebook in Court over Cambridge Analytics

This recent Australian judgment concerns substituted service on Facebook.  It relates to Cambridge Analytics breach.  Interestingly, it discusses COVID-19.  Facebook did not appear in court.
Australian Information Commission v Facebook Inc [2020] FCA 531

Software Applications Hard to Patent in Australia

The decision today of the Full Court in Commissioner of Patents v Rokt  further clarifies the position in relation to whether a computer im...