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Aspects of compensation under the usual undertaking: Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland SPRUSON & FERGUSON
Volume: 31
Year: 2019

Introduction The decision of Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth 1 ( Sigma Pharmaceuticals ) explores several aspects of compensation pursuant to the usual undertaking as to damages given in return for orders imposing an interlocutory injunction on a respondent in a patent infringement case. This includes the approach to ...

E-trading patent refused for lacking technical substance

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Mattia Pagani and Chris J Carter DAVIES COLLISON CAVE
Volume: 31
Year: 2019

Extract The Australian Patent Office (APO) has found that an invention in the field of electronic trading (e-trading) was not a manner of manufacture. The decision, delivered during a hearing, disagreed with the technical characterisation of the invention presented by the applicant, and found that the substance of the invention ...

Government takes (some) steps to implement intellectual property law reforms recommended by the Productivity Commission

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Anita Cade and Ted Talas ASHURST
Volume: 31
Year: 2019

Key takeaways • The Australian Government has proposed a significant set of reforms to Australia’s intellectual property (IP) laws that, in part, adopt recommendations made by the Productivity Commission in 2016. • The reforms make significant changes to Australia’s various IP regimes, particularly in relation to the Patents Act 1990 ...

Will Australia’s blocking injunction regime keep up with the pirates?

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter FitzPatrick and Rebekah Gay HERBERT SMITH FREEHILLS
Volume: 31
Year: 2019

Introduction This article considers a number of recent cases in the UK and Australia that sought blocking injunctions aimed at operators using “set-top boxes” to stream content illegally. It considers the differences between the legislation in the two jurisdictions and the different approaches taken in the cases brought by rights ...

WTO panel decision: Australia’s tobacco plain packaging legislation not in violation of TRIPS

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lisa Neilson FB RICE
Volume: 31
Year: 2019

The long-awaited World Trade Organization (WTO) Dispute Settlement Panel’s (Panel) decision regarding Australia’s legislation requiring tobacco products be sold in plain packaging, was handed down on 28 June 2018. In its almost 900-page decision, the WTO placed the Australian Government’s objective of the Tobacco Plain Packaging Act 2011 (Cth) (TPP), ...

Beware the composite promise: utility in ESCO Corp v Ronneby Road Pty Ltd

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Mike Pernat BAXTER IP
Volume: 31
Year: 2018

Introduction The question of utility arose in ESCO Corp v Ronneby Road Pty Ltd , 1 and in particular, whether a sequential listing of advantages of the invention linked by conjunctive grammar constitutes a composite promise, that being a collection of promises, each and every one of which is required to ...

Copyright issues encountered in distribution of film and television content on the internet

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Ben Kay KAY & HUGHES ENTERTAINMENT LAWYERS
Volume: 31
Year: 2018

The extensive reach of the internet, and the audience it represents, provide copyright owners with significant opportunities and significant risks. Platforms such as YouTube, Facebook and Instagram allow content creators to swiftly, efficiently and widely distribute content to a global audience, while streaming platforms like Netflix and Amazon Prime provide ...

Federal Circuit Court’s new IP practice direction — strengthening IP rights for SMEs and individuals

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Alison McMillan IP GATEWAY
Volume: 31
Year: 2018

Extract Effective 1 July 2018 a new practice direction was introduced to the Federal Circuit Court (FCC) that sets out guiding principles for the conduct of intellectual property (IP) proceedings before the FCC. We believe these changes will greatly improve the ability of small- and medium-sized enterprises (SMEs) and individual ...

Government takes first steps to implement Productivity Commission’s recommendations

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Michael Caine and Suzy Roessel DAVIES COLLISON CAVE
Volume: 31
Year: 2018

Abstract/introduction Since the Productivity Commission (PC) provided its final report on Intellectual Property Arrangements 1 to the Australian Government in late 2016, there has been considerable activity both by the Australian Government and IP Australia with respect to considering and implementing the recommendations or variations thereof. In July this year, ...

Influencing the influencers: when savvy marketing becomes a legal trap

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Marina Olsen and Jess Wotton BANKI HADDOCK FIORA
Volume: 31
Year: 2018

Tips for brands owners • Ensure that the influencers with whom you work are aware of and comply with their disclosure obligations. • Set out your expectations in a formal agreement. This might require the use of specific disclosure hashtags, such as #sponsored or #advertisement, that appear in sufficiently prominent ...

Insurance for the silver screen: how to keep the cameras rolling and your clients covered

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Joe Lo Surdo SURA FILM AND ENTERTAINMENT
Volume: 31
Year: 2018

Top three takeaways • Film insurance products are designed to help you reach production goals, not impede them. • Never start shooting without Public Liability Cover. • #MeToo has changed the public discourse but not the level of cover. Introduction Any film production needs the skills and buy-in from a ...

Mark my words: meta tags, Adwords and trade mark infringement

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Elisabeth White and Anna Harley BAKER MCKENZIE
Volume: 31
Year: 2018

Extract and introduction In recent years, the Federal Court has grappled with the question of whether sharp tactics between competitors relating to search engine optimisation and search engine marketing strategies involving the use of competitor trade marks as meta tags and Adwords will constitute trade mark use and may constitute ...

Parallel importation, unjustified threats and other recent amendments to the Trade Marks Act

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Melinda Upton, Jessie Buchan and Valiant Warzecha DLA PIPER
Volume: 31
Year: 2018

Extract/introduction The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (the Act) recently passed through parliament and amended several key provisions of the Trade Marks Act 1995 (Cth). 1 In this article, we discuss these changes and their implications for trade mark practice ...

Parallel imports welcome in Australia

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Chris Round and Olivia Coburn K&L GATES
Volume: 31
Year: 2018

Introduction This article summarises the changes to parallel importation law as it relates to trade marks as a result of the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (the Act). Trade mark holders will now find it much more difficult to prevent ...

Vexatious litigant restrained from falsely alleging IP infringement

Wed, 12/12/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Alexis Keating PHILLIPS ORMONDE FITZPATRICK
Volume: 31
Year: 2018

Extract InfaSecure, a wholesaler of children’s products, has obtained an injunction from the Federal Court restraining Debra Crocker from repeating false representations concerning a child safety restraint it sold. Ms Crocker previously emailed InfaSecure’s customers, alleging they and InfaSecure infringed her intellectual property (IP) in selling the child safety restraints, which ...