December 2, 2016 4:28 PM | Posted by Hayley Tarr | Permalink
When commenting on the trade mark case Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939, Mr Smith is supposed to have said: “[t]his is an example of the ridiculous cost of the law, we’ve spent $550,000 on this case so far, and Aussie Mite has spent something like $400,000.”  His criticism is fair. Intellectual property rights are costly to enforce.  In this post, we consider a possible solution to this problem. read more
December 2, 2016 4:21 PM | Posted by Desiree Chong | Permalink
On 5 October 2016, the Full Federal Court delivered judgment in Kafataris v Davis [2016] FCAFC 134. The case concerned Mr Kafataris' entitlement to be recognised as a co-inventor of a PCT application under section 15 of the Patents Act 1990 (Cth). This judgment serves as a practical reminder to ensure that appropriate contractual arrangements are in place to clarify a person's co-inventorship status, lest their contributions go unrecognised. read more
December 2, 2016 11:27 AM | Posted by Alyssa Dixon | Permalink
The Full Federal Court has recently handed down its decision in the appeal by Otsuka Pharmaceutical Co (Otsuka) against the earlier finding by Justice Yates that Otsuka's patent relating to aripiprazole, a drug used in the treatment of schizophrenia, is invalid for want of novelty and inventive step. read more
December 1, 2016 8:55 AM | Posted by Veronica Scott | Permalink
Most organisations are well aware of their privacy obligations to their customers, but many assume that they don't have to worry about privacy when dealing with their employee's personal information because of the employee record exemption in the Privacy Act 1988 (Cth).  read more
December 1, 2016 8:30 AM | Posted by Tony Middleton | Permalink
A recent decision by the Federal Court comes amidst the start of the festive season but has left neither party with any holiday cheer. read more
November 8, 2016 11:51 AM | Posted by Tony Middleton | Permalink
In a relatively recent flurry of decisions, the Federal Court examined a variety of agreements purporting to give exclusive rights to various licensees to exploit patents under the Patents Act 1990 (Cth) (Act). These decisions consider whether a purported exclusive licensee of a patented article is actually entitled to the rights of an exclusive licensee under the Act. read more
October 21, 2016 8:48 AM | Posted by Veronica Scott, Susan Walsh, Nicole Franklin | Permalink
Australia finally looks set to have a new national mandatory notification laws for data breaches. read more
September 16, 2016 11:11 AM | Posted by Nadia Braad and Michael Swann | Permalink
On 4 September 2016 the Carlton Football Club released a media statement declaring that it would be investigating an incident with a view to lodging a police report over the theft of its intellectual property. read more
September 6, 2016 5:02 PM | Posted by Caitlin Murray and Hannah McLeod | Permalink
When negotiating a settlement agreement keep in mind the general principles of contract formation. It is essential to ensure that your client's intention concerning when, and under what circumstances, it has agreed to be bound, is clearly communicated to the other party. In particular, if you intend that the terms of the settlement to be conditional upon execution of a formal document you should make this clear in your correspondence.
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September 1, 2016 9:36 AM | Posted by Timothy Gorton | Permalink
In August last year, this blog discussed the Queensland Supreme Court decision of Coles v Dormer.  That case involved copyright infringement of house plans and the building of a copycat house in a Cairns suburb.  To remedy the infringement, the Court had awarded an injunction requiring remedial works to the front of the house. read more