De-identification and medical records in NSW

Are health service providers in New South Wales obliged by the Health Records and Information Privacy Act 2002 (NSW) to de-identify medical records on the request of a patient? Not according to this recent decision of the NSW Civil and Administrative Tribunal. On 20 October 2014 the Tribunal dismissed a claim against a local health district in which the applicant …

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Did Led Zeppelin really climb the Stairway to Heaven? Or does the Spirit of the song lie elsewhere?

Led Zeppelin is not the author of “Rock’s greatest song” – alleges a law suit filed against iconic rock band Led Zeppelin. In May this year, the estate of Randy California who was a founding member of the eclectic rock band Spirit filed a quirky pleading (the typeface in the sections headings of the pleading mimicking that used for Led …

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Domain name disputes and the onus of truth

Avid readers of this blog might be aware of the au Dispute Resolution Policy (the “auDRP”). The purpose of the auDRP is to provide a cheaper, speedier, alternative to litigation for the resolution of dispute between the registrant of a domain name and a party claiming competing rights in that domain name. The auDRP is our version of ICANN’s UDRP, …

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Six lessons for #hashtags, social media campaigns and trade marks – #FreeCheeseFriday trade mark registered for UK social media campaign

By Anna Spies and Damien MacRae HURRAY! It’s #freecheesefriday! Follow & RT to WIN some of our delicious award-winning cheddar TODAY! pic.twitter.com/w1s2yhGtDC — Wyke Farms (@wykefarms) September 26, 2014 Everyone loves a good cheddar cheese. This is no less so in the UK, where over 25,000 people each month are entering the “Free Cheese Friday” competition, run by Wyke Farms, …

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Should we #RenameISIS? When trade marks attack

“What’s in a name? That which we call a rose. By any other name would smell as sweet.” – Shakespeare What if roses, instead of being called “roses”, were called “stink bells”?  Would they smell as sweet?  What if they were called “crapweed” or “stench blossoms”, as Bart Simpson famously suggested? What about if they were called “ISIS”? Unfortunately, this …

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CANARY WHARF trade mark rejected for being 30 years too late! Protect your valuable property names as trade marks at conception

Branded real estate in the industrial, commercial and residential markets is big business. The brand adopted can influence perception and price. It is no surprise then that developers are increasingly taking steps to protect these brands by registering them as trade marks. We recently discussed some legal developments for these kinds of brands (including shopping centres) here. An even more …

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Privacy and employee records – CP and Dept of Defence

The Privacy Commissioner’s determination in the matter of CP and the Department of Defence illustrates one significant difference in the treatment of federal agencies and private sector organisations under the federal Privacy Act. This case involved an employee of the department who had made a claim for worker’s compensation in respect of an injury alleged to be work-related. The department …

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Possessory liens over IP or data

I recently caught up on some UK legal developments, and was struck by a decision which held that the English common law did not recognise a lien over intangible property. Much of what the Court of Appeal had to say in its decision is likely to be influential in Australia. The case involved two parties who had entered into a …

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