March 2014

March 27, 2014 5:41 PM | Posted by Florian Poetzlberger | Permalink
The Australian Law Reform Commission has recommended the introduction of a broad fair use exception to copyright infringement, similar to that in the US.  Florian Poetzlberger, a lawyer recently visiting us from Germany, explains that a similar debate is also raging in the EU. read more
March 26, 2014 4:23 PM | Posted by Amy Surkis | Permalink
In response to Apotex's intention to launch generic products containing pregabalin, a commonly prescribed nerve pain medication, Warner-Lambert and other companies in the Pfizer group brought urgent interlocutory injunction proceedings to restrain Apotex.  In this swift decision (Warner-Lambert Company LLC v Apotex Pty Ltd [2014] FCA 241), Justice Griffiths of the Federal Court refused to issue that injunction. Pfizer have now appealed. read more
March 25, 2014 5:47 PM | Posted by Surkis, Amy | Permalink
On 14 March 2014 the High Court granted special leave in the Cantarella Bros v Modena dispute over the use of foreign word trade marks for coffee and coffee related goods. read more
March 24, 2014 3:38 PM | Posted by Paul Kallenbach | Permalink
Our patent team reviews key patent law developments from last year, and provides their predictions for 2014. read more
March 21, 2014 4:04 PM | Posted by Tarryn Ryan | Permalink
Yesterday, with little fanfare, Labor Senator Lisa Singh reintroduced mandatory data breach notification legislation to the Senate in the form of a private member's Bill - the Privacy Amendment (Privacy Alerts) Bill 2014 (Cth). read more
March 21, 2014 3:04 PM | Posted by Amy Surkis | Permalink
To the ordinary person, a roller blind may just be a convenient means to block out the sun or an aesthetically pleasing interior design feature.  To intellectual property lawyers, roller blinds can provoke intense patent dispute... read more
March 21, 2014 9:49 AM | Posted by Gilbert Tsang | Permalink
A recent decision of the English Court of Appeal highlights the importance of carefully considering how a design should be represented in a design registration in order to maximise protection read more
March 17, 2014 3:58 PM | Posted by Gilbert Tsang | Permalink
The Federal Court has recently explored new territory in considering the statutory right to terminate a contract under section 145 of the Patents Act 1990 (Cth), finding that a licensee was not able to invoke the statutory right because only some, and not all, of the licensed patents relating to the invention had expired. read more
March 14, 2014 10:19 AM | Posted by Veronica Scott | Permalink
After a 15 month preparation period, the changes to the Commonwealth Privacy Act 1988 are now in force. Not only have the National Privacy Principles been replaced with the Australian Privacy Principles, but we have a brand new credit reporting system, and the Privacy Commissioner has been awarded much stronger enforcement powers. read more
March 12, 2014 4:00 PM | Posted by Paul Kallenbach | Permalink
On 12 March, the new privacy regime comes into effect.  In a series of short videos, Partner Paul Kallenbach and Special Counsel Veronica Scott discuss the details and implications of the changes. read more
March 7, 2014 5:28 PM | Posted by James Patto and Peter Bartlett | Permalink
In a landmark case in Australia that is a first of its kind (but undoubtedly will not be the last), damages have been awarded to New South Wales school teacher, Mrs Christine Mickle, for offensive and defamatory tweets and Facebook posts made by an ex-student of the school where she taught. read more