Intellectual property

July 24, 2017 8:30 AM | Posted by Maiken Hansen | Permalink
On 28 June 2017 Canada's Supreme Court upheld a decision ordering Google to remove links to websites unlawfully selling the intellectual property of another company. The Judges (7-2) in Google Inc. v. Equustek Solutions Inc maintained that Canadian courts had authority to issue an injunction forcing Google, a non-party to the initial proceedings, to delete search results, not only within Canada but globally. read more
May 9, 2017 8:56 AM | Posted by Nadia Braad & Lana Ristic | Permalink
A new Full Federal Court decision appears to have upended the treatment of metatags in the trade mark infringement context. read more
April 12, 2017 4:40 PM | Posted by Rachel Cox & Paul Kallenbach | Permalink
Businesses frequently choose to engage third party providers to build technology to support business activities. The process of developing and commercialising an idea requires a significant investment of both time and capital. Whether you are commissioning an app or having a developer create a website, it is important to ensure that you enter into a robust agreement with the developer that protects your IP and confidential information and maximises your return on investment. read more
February 9, 2017 12:46 PM | Posted by Dutkowski, Rebecca | Permalink
In our previous blog post, we had reported that in a battle for the name KYLIE, Kylie Minogue had opposed a US trade mark application for "KYLIE" by Kylie Jenner, of "Keeping up the with the Kardashians" fame/infamy. Further developments in this battle, in both Australia and the US have now occurred. read more
December 23, 2016 4:15 PM | Posted by Nadia Braad & Edward Knowlman | Permalink
Not so long ago, but in a country far, far away, Australia Post set up the 'ShopMate' service, which offers consumers a way to obtain products from sellers in the US who do not normally ship to Australia.  In the lead up to 'Black Friday', monthly registrations for the service tripled.  However, trade mark owners might have a bad feeling about ShopMate, as it may have the unintended consequence of frustrating trade mark owners seeking to prevent cross-jurisdictional importation. read more
December 16, 2016 8:00 AM | Posted by Helen Lauder & John Fairbairn | Permalink
Foxtel and a number of movie studios have secured the first site blocking orders in Australia.  The orders require the major Australian ISPs, on a no fault basis, to block access to a number of infamous sources of illegal content, namely, The Pirate Bay, TorrentHound, IsoHunt, Torrentz and SolarMovie.  It is a positive step for creative industries and their ongoing initiatives to stop illegitimate free sources of their content. read more
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
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
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 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
July 19, 2016 3:27 PM | Posted by Brad Woods | Permalink
On 28 June 2016, the Full Court of the Federal Court of Australia handed down a landmark judgment, revealing trade mark owners risk forfeiting their registered trade marks if they fail to exercise actual control over the use of those marks by licensees. read more
July 19, 2016 11:37 AM | Posted by Rebecca Dutkowski | Permalink
A recent decision of the Full Federal Court has overturned an earlier Federal Court decision that controversially held an omnibus claim to be broader than the examples and drawings disclosed in a patent specification. The Full Federal Court found that a feature made essential by the specification could not be made inessential by the word "substantially" in the common omnibus claim wording: "substantially as described with reference to the drawings and/or examples". read more
July 8, 2016 9:59 AM | Posted by Rebecca Dutkowski | Permalink
In a recent example of what can happen when a company is able to obtain a trade mark for a commonly used word, in the United States, Citigroup is suing phone provider AT&T in relation to its newly launched rewards program 'AT&T THANKS', for alleged infringement of Citigroup's trade mark rights (among other stated rights) in the word THANK YOU. read more
May 9, 2016 3:34 PM | Posted by Alexander Horton | Permalink
Last Thursday, the High Court refused RPL Central's application for special leave to appeal the Full Federal Court decision denying patentability to its computer-implemented invention. In December 2015, the Full Court held that the computer-implemented nature of RPL's business scheme was not sufficient to transform it into a patentable invention. read more
May 6, 2016 3:40 PM | Posted by Rebecca Pereira | Permalink

This week saw the 2016-17 Federal Budget delivered, which included a number of announcements affecting businesses across Australia. In the Budget, the Federal Government focused on small business as a way to grow the economy, with major changes affecting small businesses proposed, in addition to a continuing focus on multinationals, including the announcement of a new Diverted Profits Tax. Other announcements continued the Government's recent theme of encouraging innovative business, proposals about future work to simplify particular complex areas of tax law (such as the taxation of financial arrangements regime), and changes to the tax rules in relation to superannuation. In terms of IP, the Budget proposed the adoption of amended transfer pricing guidance which is relevant to IP and intangibles.

Our tax team dissects those key issues and more, exploring their impact on businesses in Australia, here.

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May 4, 2016 11:34 AM | Posted by Rebecca Pereira | Permalink
As reported in our earlier post, Gilead recently succeeded in invalidating key claims of Idenix's patent relating to the Hepatitis C treatment sofosbuvir, on the grounds of insufficiency and inutility. This post reports on aspects of the subsequent costs orders made by Jagot J (see decision here). Her Honour ordered a proportional reduction of the costs to be paid to the successful party, Gilead. Whilst such orders are not uncommon in cases where parties are successful only on certain grounds of invalidity, her Honour's reasoning for applying the reduction — and her observations regarding the parties' preparation of their evidence — should be kept in mind by parties on both sides of patent disputes. read more
April 29, 2016 3:53 PM | Posted by Jonathan Kelp and Rebecca Pereira | Permalink
Following on from our earlier blog post here, this post considers the key copyright and trade marks aspects of the Productivity Commission's draft report into Australia's intellectual property regime, released today. read more
April 29, 2016 3:38 PM | Posted by Jonathan Kelp and Rebecca Pereira | Permalink

Today, the Productivity Commission released its draft report into Australia's intellectual property regime. The report is wide-ranging, covering patents, copyright, trade marks, designs, international trade obligations and other issues. Submissions in response to the draft recommendations have been sought by Friday 3 June 2016.

In general, the Commission has taken a consumer-favourable approach as to the reforms that it considers are required to the Australian intellectual property regime – flagging, in particular, the growing disparity between Australian intellectual property imports over its exports. If, however, Australia's economy is to ultimately transition to being an intellectual property producer (and therefore net exporter) – an underlying theme of the current Federal Government's innovation agenda – then adopting a strong pro-consumer (ie net importer) stance may not lead to favourable long term growth outcomes should Australia succeed in effecting this transition.

This post outlines our initial thoughts on the key issues addressed in the report in relation to patents and pharmaceuticals. In follow-up posts, we will consider copyright, trade marks and other aspects of the Report.

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April 8, 2016 11:49 AM | Posted by James Patto & Paul Kallenbach | Permalink

Welcome to the third instalment of the 'When IT hurts, it hurts: Mitigation strategies for cyber attack loss' blog series.  Coinciding with the release of MinterEllison's cyber survey report, Perspectives on Cyber Risk (the Report), this series focuses on key areas of loss that an organisation may suffer as a result of a cyber attack, and key strategies to mitigate that loss.

Today's blog post looks at two other feared exposures of our survey respondents - business interruption and loss of confidential information and intellectual property.

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February 23, 2016 2:59 PM | Posted by James Patto | Permalink
In what has been an eventful few weeks on the copyright high seas, after some set backs, rights holders commenced actions in the Federal Court to block a number of websites that they allege have the 'primary purpose' of infringing copyright.  We've set out a round up of these recent events. read more
January 28, 2016 2:02 PM | Posted by Rebecca Dutkowski | Permalink
The scope of legal protection provided by a patent boils down to the interpretation of the claims. The drafting of claims has certain elements of art and tradition. One tradition is the use of the word "said" (or "the") when referring to a feature which has been previously mentioned in a claim.

This practice provides clarity, because the "said" feature is assumed to be the same as that previously mentioned, thus would have the same characteristics and limitations.

However, despite this traditional practice, in a recent Full Federal Court decision, the majority held that a "said" feature was not limited to the feature previously recited in the same terms, but could include other features not recited in the claims, thus broadening the strict literal meaning of the claim.
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December 21, 2015 4:55 PM | Posted by George McCubbin | Permalink
In its long awaited decision Commissioner of Patents v RPL Central, the Full Federal Court has rejected another computer-implemented invention for failing to constitute patentable subject matter. In doing so, Justices Kenny, Bennett and Nicholas overturned the decision of the trial judge, Justice Middleton, delivered in August 2013. The decision has implications for any software developers. read more
December 18, 2015 9:42 AM | Posted by Paul Kallenbach | Permalink

In an eventful year for trade mark and copyright law (particularly in the online piracy domain), we look at 9 of the key developments in Australian trade mark and copyright law this year, in Whiskey, websites, bottles and blocks.




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December 15, 2015 12:44 PM | Posted by James Patto & Paul Kallenbach | Permalink
December 10, 2015 1:49 PM | Posted by Jonathan Kelp | Permalink
In an exciting year which saw the High Court hand down two patent decisions, we revisit eight of the key developments in Australian patent law this year, in our 2015 Patent Recap, which is available here. read more
November 25, 2015 4:46 PM | Posted by Paul Kallenbach & James Patto | Permalink
For perhaps the first time since the Copyright Amendment (Online Infringement) Act 2015 (Website Blocking Act) became law, there has been the publication of a demand for an internet service provider (ISP) to block access to an overseas website. More particularly, residential builder Simonds Homes has demanded that a small (as yet unnamed) ISP block access to a website hosted in India. read more
October 1, 2015 3:38 PM | Posted by Elouise Blunt | Permalink
Last week a United States District Court judge declared that the copyright claimed in the lyrics to the song Happy Birthday To You is invalid. read more
August 31, 2015 11:30 AM | Posted by Shyama Jayaswal | Permalink
The Full Federal Court of Australia has issued three important decisions regarding provisions in patent licenses.  The decisions underscore the importance of paying attention to the fine detail of patent licences during their negotiation. read more
August 14, 2015 9:47 AM | Posted by Timothy Gorton | Permalink
Whilst imitation is said to be the sincerest form of flattery, the Queensland Supreme Court has reminded a Cairns builder that it may also be copyright infringement. In the recent decision of Coles v Dormer, the Court ordered — by way of injunction — a number of modifications to the front of a house which was largely identical to the plaintiff's. read more
August 11, 2015 9:00 AM | Posted by James Patto & Paul Kallenbach | Permalink
Following a Federal Circuit Court decision in 2014, the United States Supreme Court has refused to hear Google's appeal against Oracle regarding whether application programming interfaces (APIs) for the computer language Java are capable of attracting copyright protection. By refusing to hear this appeal, the highest court in the US has effectively declared that copyright may subsist in APIs, overruling Judge William Alsup's first instance decision. read more
July 30, 2015 3:15 PM | Posted by Rebecca Dutkowski | Permalink
Old-style 'omnibus claims' are often overlooked in patent infringement disputes. The usual assumption is that these claims are very narrow in scope, and are limited to the  specific examples of the invention shown in the patent. Therefore, if a competing product doesn't infringe any of the other claims, it is presumed not to infringe the narrower omnibus claim. However, in a recent decision of the Federal Court (Reckitt Benckiser Healthcare (UK) Ltd v Glaxosmithkline Australia Pty Ltd (No 5) [2015] FCA 486 (20 May 2015)) Justice Rares turned this reasoning on its head. He found that  a syringe of Glaxosmithkline (GSK) used for the  administration of Children's Panadol infringed Reckitt's patent, but only in respect of the omnibus claim. In effect, the omnibus claim was found to be the broadest claim of the patent, covering the any syringe which took "the substance" of the syringe described in Reckitt's patent. read more
June 18, 2015 5:04 PM | Posted by Helen Paterson and Charles Alexander | Permalink

On 11 June 2015, the Legal and Constitutional Affairs Legislation Committee released its report on the Copyright Amendment (Online Infringement) Bill 2015 (Bill).  The Committee (with the Greens dissenting) recommended that the Bill be passed, subject to the Committee's other recommendations. On Tuesday, the Bill was passed with an amendment in the House of Representatives.  A Supplementary Explanatory Memorandum (Supplementary EM) was also  released.  The Bill is now with the Senate and it is expected that it will be passed soon.

We now take a look at the Government's responses to the Committee's recommendations, as shown in the amendment to the Bill and the Supplementary EM.

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April 8, 2015 5:40 PM | Posted by Lucy McGovern & Paul Kallenbach | Permalink
In a landmark decision, Justice Perram of the Federal Court has indicated that he will order Australian ISPs to divulge the names and physical addresses of their customers associated with IP addresses that shared the film 'Dallas Buyers Club'. In light of the decision, copyright owners can expect to find it easier to obtain prospective online copyright infringers' details. read more
April 7, 2015 9:38 AM | Posted by McCubbin, George | Permalink
In Pocketful of Tunes Pty Ltd v The Commonwealth of Australia [2015] ACopyT 1, Justice Bennett (President) of the Copyright Tribunal of Australia had to assess compensation for the unlicensed use of a song by the Commonwealth. read more
March 30, 2015 4:00 PM | Posted by Nicole Reid | Permalink
The Victorian Department of Treasury and Finance has released the version 1 of the Intellectual Property Guidelines for the Victorian Public Sector, which apply to government departments and public bodies.  These guidelines support the Whole of Victorian Government Intellectual Property Policy Intent and Principles, which was released in August 2012 and outlines the key principles governing the State of Victoria's ownership and management of its IP, and its use of third party IP. read more
March 26, 2015 9:00 AM | Posted by George McCubbin | Permalink
In Damorgold Pty Ltd v JAI Products Pty Ltd [2015] FCAFC 31, the Full Court of the Federal Court of Australia considered in what circumstances the doing of a single act, prior to the priority date of the patent, will destroy novelty under s 7(1)(a) of the Patents Act 1990 (Cth). read more
March 5, 2015 5:33 PM | Posted by Rebecca Pereira | Permalink
The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against the sponsor of Nurofen products, Reckitt Benckiser (Australia) Pty Ltd (Reckitt Benckiser), in the Federal Court of Australia (NSD180/2015). The ACCC claims that Reckitt Benckiser made false or misleading claims in relation to its products "Nurofen Back Pain", "Nurofen Period Pain", "Nurofen Migraine Pain", and "Nurofen Tension Headache". read more
February 18, 2015 7:01 AM | Posted by Rebecca Pereira | Permalink
On 12 February 2015, Ms Yvonne D'Arcy was granted special leave to appeal to the High Court against the decision of the Full Bench of the Federal Court in D’Arcy v Myriad Genetics Inc [2014] FCAFC 115. read more
January 9, 2015 2:33 PM | Posted by Evetts, Megan | Permalink
Having battled on sales charts and childhood palates for well over a century, the Federal Court has handed down a judgment in the latest round of a four-year Court dispute between these soft-drink giants. Justice Besanko found in favour of PepsiCo, ruling that their bottle shape was not deceptively similar to Coca-Cola's trade marks and did not constitute passing off or misleading or deceptive conduct. read more
November 10, 2014 4:48 PM | Posted by Stephen Worthley | Permalink
Today, the Full Court of the Federal Court of Australia handed down its decision in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150, regarding the patentability of computer software and business methods. read more
September 25, 2014 4:32 PM | Posted by Charles Alexander | Permalink
In their draft report released this week, the Competition Policy Review panel identified the important role that intellectual property (IP) rights play in 'competition and flow-on inventions'. Importantly, the Panel recognised the need to balance IP protection to promote innovation and efficiency with anti-competitive elements, saying 'IP rights can deter competition and limit choice for consumers [and]...facilitate monopolistic or anti-competitive behaviour'.
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September 11, 2014 5:15 PM | Posted by Rebecca Pereira | Permalink
A five-judge bench of the Full Federal Court (Allsop CJ, Dowsett, Kenny, Bennett and Middleton JJ) handed down a highly anticipated decision on Friday in the Myriad Genetics case, unanimously confirming that isolated, naturally occurring DNA and RNA sequences are patentable subject matter under Australian law. This is in contrast to the recent decision of the US Supreme Court on the same subject. read more
August 25, 2014 9:34 AM | Posted by Megan Evetts | Permalink
A five judge bench of the Full Federal Court in AstraZeneca AB v Apotex Pty Ltd [2014] FCAFC 99 (Besanko, Jessup, Foster, Nicholas and Yates JJ) have dismissed AstraZeneca's appeal in relation to two of its rosuvastatin (Crestor) related patents, which concern the treatment of patients with high cholesterol. read more
July 25, 2014 9:19 AM | Posted by Evetts, Megan | Permalink
The recent Full Court decision in Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft [2014] FCAFC 73 raises some interesting questions about the correct test to be applied when determining whether a patent is obvious under Australian law. read more
July 15, 2014 3:26 PM | Posted by Tsang, Gilbert | Permalink
The risk of failing to establish that a competitor has engaged in trade mark infringement is magnified when a registered trade mark owner has opted to use highly descriptive words, synonymous with the relevant field of business as, or as part of, their trade mark.  In a recent appeal decision, the Full Court of the Federal Court of Australia upheld a decision that a composite registered device trade mark containing the words "LIFTSHOP" was not infringed by a competitor who included the words "Lift Shop" in the title of their web page when shown in a page of search results.  The Full Court's decision was based on a finding that the trade mark owner had not shown that the use of the words "Lift Shop" in the search results page amounted to use "as a trade mark". read more
July 9, 2014 2:39 PM | Posted by Gilbert Tsang | Permalink
New Zealand’s long-awaited Patents Act 2013 will come into force on 13 September 2014.  The new Act will replace the current Patents Act 1953 and implement substantive changes to New Zealand’s patent laws to more closely align it with those of other similar jurisdictions, including Australia.  In summary, the validity of patent applications filed after 12 September 2014 will be assessed using higher standards and it is expected that the cost to obtain and maintain a patent will increase. read more
July 7, 2014 9:35 AM | Posted by Worthley, Stephen | Permalink

The Advisory Council on Intellectual Property (ACIP) has recently released its Final Report on the innovation patent system. This is the final step in ACIP's review of the innovation patent system, which commenced in February 2011. We have previously blogged on the progress of this review, which investigated the effectiveness of the innovation patent system in stimulating innovation by Australian small and medium enterprises.

The Final Report recommends significant changes to the system to enhance effectiveness and to reduce some unintended consequences arising from its implementation. However, it remains to be seen whether these recommendations will actually make their way into law.

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June 25, 2014 5:48 PM | Posted by Stephen Worthley | Permalink
In March this year, we blogged about a United States case, Alice Corporation Pty Ltd v CLS Bank International, relating to the patentability of business methods and computer-implemented inventions.

Now, the Court has handed down its decision, finding all of the patent claims unpatentable because they were merely directed to an "abstract idea," and so did not constitute patentable subject matter. This has important implications for Australian inventors seeking international patent protection.

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June 25, 2014 5:41 PM | Posted by Ella Biggs and Paul Kallenbach | Permalink
The scope of copyright protection afforded to compilations remains a vexed issue in Australia.  In a judgment handed down on 6 June 2014, the Federal Court has further considered the issue. read more
May 30, 2014 2:00 PM | Posted by Nicole Reid | Permalink
The exceptions to copyright infringement that the United Kingdom is endeavouring to introduce provide an interesting contrast to the broad-based fair use exception that has been proposed in Australia, as both countries grapple with how copyright law should adapt in the digital age. read more
May 29, 2014 5:03 PM | Posted by Helen Paterson, Emily Hawcroft & Charles Alexander | Permalink

It is common practice in the fashion industry to use others' garments and artwork as 'inspiration' for new designs.  A recent decision in the Federal Court illustrates the financial consequences for those who cross the line where inspiration ends and infringement begins.

In Seafolly Pty Limited v Fewstone Pty Ltd [2014] FCA 321, Dodds-Streeton J found that Fewstone (trading as City Beach) infringed Seafolly's copyright in three artistic works by instructing its designers and manufacture to make swimwear based on pictures and samples of Seafolly's swimwear.

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May 23, 2014 4:20 PM | Posted by Surkis, Amy | Permalink
This interlocutory stoush between Pfizer and Apotex has proven interesting on a number of fronts. First, Justice Griffiths refused to grant an interlocutory injunction to restrain Apotex from selling its pregabalin product indicated for the treatment of seizures – a decision that went against the trend of Courts typically granting an interlocutory injunction in pharmaceutical patent cases (see our post on this decision here). Then, Pfizer appealed that decision – a development interesting in itself as we don’t often see interlocutory injunction decisions appealed. Now, the Full Federal Court has overturned almost all aspects of the first instance decision. read more
May 16, 2014 4:38 PM | Posted by Gilbert Tsang | Permalink
The UK Intellectual Property Act (IP Act) received royal assent on 15 May 2014 and makes a number of changes to the UK's design and patent laws. read more
May 16, 2014 9:18 AM | Posted by Surkis, Amy | Permalink
On 10 May 2014, at the first day of the annual meeting of INTA (the International Trademark Association) in Hong Kong, WIPO announced the launch of a new addition to its Global Brand Database search tool.  read more
May 14, 2014 4:31 PM | Posted by Amy Surkis | Permalink
On Friday 11 April 2014, Alphapharm was granted special leave to appeal to the High Court against the decision of the Full Federal Court in Aspen Pharma Pty Ltd v H Lundbeck A/S [2013] FCAFC 129. read more
May 6, 2014 5:11 PM | Posted by Helen Paterson and Charles Alexander | Permalink

Carlton and United Breweries (CUB) has given the ACCC a court-enforceable undertaking after acknowledging that the labelling for Byron Bay Pale Lager (the Lager) may have misled consumers.

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April 29, 2014 8:11 PM | Posted by Megan Evatts | Permalink
The USPTO's recently issued guidance memorandum entitled Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products (Guidance) has provoked some strong reactions amongst the US intellectual property community, ranging from "concern" to "horror" at the potential reach of the Guidance. read more
April 17, 2014 4:00 PM | Posted by Nicole Reid and Paul Kallenbach | Permalink
The Court of Justice of the European Union has recently held that providing a clickable link to a work on a website without the permission of the owner of the copyright in that work does not amount to infringement of copyright. read more
April 11, 2014 9:04 AM | Posted by Linh Nguyen | Permalink
The Australian Government has released a consultation paper seeking submissions on the development of an IP toolkit aimed at reducing the length and complexity of negotiations on IP between publicly funded research organisations and industry. read more
April 10, 2014 8:22 AM | Posted by Paul Kallenbach | Permalink

Our team reviews key trade mark law developments from last year, and provides its predictions for 2014.

You can find the report here.

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April 4, 2014 9:36 AM | Posted by Nicole Reid and Paul Kallenbach | Permalink
The Federal Circuit Court recently found against a travel agent who had posted a stock image on her website without obtaining a licence. read more
April 2, 2014 12:51 PM | Posted by Stephen Worthley | Permalink
The US Supreme Court heard oral arguments this week about the patentability of business methods and computer-implemented inventions, in Alice Corporation Pty Ltd v CLS Bank International. It is an appeal from a splintered decision of the Federal Circuit, in which 10 judges couldn't reach a majority decision. A decision from the Supreme Court is expected towards the middle of 2014. read more
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 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 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
November 15, 2012 4:28 PM | Posted by Genevieve Watt and Paul Kallenbach | Permalink
On 5 October 2012 the Australian High Court handed down its decision in JT International SA v Commonwealth of Australia; British American Tobacco Australasia Limited v The Commonwealth [2012] HCA 43, better known as the tobacco plain packaging case. read more
September 3, 2012 5:06 PM | Posted by Lucy McGovern and John Fairbairn | Permalink
Can a building name become a geographical indicator with the consequence that businesses operating from that building cannot include the name in their trade marks? read more
August 31, 2012 5:12 PM | Posted by Rachel Cox and Peter Kearney | Permalink
From 25-31 August, Brisbane will host the Mercedes-Benz Fashion Festival. Emerging and established designers and well-known Australian labels will showcase their latest collections. In an industry where one of the key drivers is to capitalise on popular trends and have the 'it' item, copycat fashion is rife. In these circumstances, how can designers and fashion labels protect their designs and brand from copycats? read more
August 30, 2012 5:22 PM | Posted by Nicholas Liau and Paul Kallenbach | Permalink
Bill Granger, an Australian chef, has written a series of very popular cookbooks over the years which have been published by Murdoch Books (Murdoch). Murdoch published a series of cookbooks entitled Best of Bill and Bill Cooks for Kids, which were compilations of recipes that had been previously published by Murdoch in Bill Granger's other cookbooks. read more
December 6, 2011 3:37 PM | Posted by Sarah Doyle | Permalink
Following the much debated Federal Court decision in University of Western Australia v Gray (No 20) [2008] FCA 498, the ownership of inventions in the context of the employer-employee relationship was considered again earlier this month. This time the Australian Patent Office considered an application filed by the Royal Children's Hospital (RCH) for a direction under section 32 of the Patent Act 1900 (Cth) concerning two patent applications filed by one of its employees, Dr Alexander. read more
June 22, 2011 3:35 PM | Posted by Frances Stephenson | Permalink
Earlier this year international fast-fashion retailer Forever21 decided to issue blogger Rachel Kane with a cease-and-desist letter requiring her to shut down her parody site The site contains pictures of Forever21 clothing along with such comments as, 'If you bought this, sort your life out, IMMEDIATELY'. read more
December 15, 2010 3:24 PM | Posted by Boris Milivojevic | Permalink
You may have noticed when upgrading from Microsoft Office 2003 to Office 2007 or later that Microsoft Word documents are now by default saved in the ‘docx’ file format read more