Australian IP Bulletin Newsletter

Subscribe to Australian IP Bulletin Newsletter feed
Automated latest RSS Feeds from LexisWeb for Australian Intellectual Property Law Bulletin (newsletter)
Updated: 1 hour 48 min ago

Post-industrial economies invest in intangibles to protect competitive advantage

Thu, 06/15/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Paula Natasha Chavez KNOWLEDGE LAW OFFICES
Volume: 30
Year: 2017

Takeaways • Australians have a recurring annual intellectual property (IP) deficit of $3.25 billion. • Australians patent at a very low rate both locally and globally. • As it stands, Australians are unable to sell into the worldwide knowledge-based economy. Introduction Dr Francis Gurry, the Australian Director-General of the World Intellectual Property ...

Protecting intellectual property rights: interlocutory injunctions

Thu, 06/15/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter Wallis AICKIN CHAMBERS and Lucy Davis OWEN DIXON CHAMBERS WEST
Volume: 30
Year: 2017

Key takeaways Intellectual property (IP) owners need to act swiftly if they intend to seek an interlocutory injunction. They need to turn their mind to the usual considerations as to whether the application will be successful (in particular whether they can establish a prima facie case and that the balance ...

TRIPS Agreement amended: will we see increased access to patented medications?

Thu, 06/15/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Rhys Williamson and Anna Feros DIBBSBARKER
Volume: 30
Year: 2017

Abstract Earlier this year, the World Trade Organization (WTO) agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was formally amended after years of anticipation. WTO members now have legal certainty they can export patented pharmaceutical products made under a compulsory licence to countries confronted with limited domestic capacity. ...

Reconciling unjustified threat provisions in IP legislation with the “genuine steps” obligation

Thu, 06/15/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Melissa McGrath and Lucy Hartland DIBBSBARKER
Volume: 30
Year: 2017

Abstract For intellectual property (IP) litigants, there is tension between the unjustified (also known as groundless) threat provisions in intellectual property legislation and the obligations under the Civil Dispute Resolution Act 2011 (Cth) (CDR Act) to take “genuine steps” to resolve a dispute. Although the issue has yet to receive much ...

WIN v Nine: lessons in contract interpretation for the new media age

Thu, 06/15/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Michael Swinson and Helena Kanton KING & WOOD MALLESONS
Volume: 30
Year: 2017

With the local launch of Amazon Prime Video in December 2016 and the recent relaunch of Foxtel’s online-streaming offering (now called Foxtel Play), Australian consumers are increasingly spoiled for choice as to how they access television content. Today, broadcast television networks must compete with a raft of online media platforms, and ...

Storm Group v Storm Int Group Pty Ltd

Tue, 05/16/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Shauna Ross NIGEL BOWEN CHAMBERS
Volume: 30
Year: 2017

Introduction This article discusses the recent decision of the Trade Marks Office in Storm Group v Storm Int Group Pty Ltd . 1 Tips and key points • Be aware of which entity or person is, on the face of the evidence, the trade mark user of the trade mark. Consider ...

On your marks

Tue, 05/16/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Kate Andean BANKI HADDOCK FIORA
Volume: 30
Year: 2017

Practical points • If your athlete client has a personal “brand” worth registering as a trade mark, be imaginative about which mark to protect: what aspects of your client’s personal brand might hold commercial value other than their name or signature — an image, a famous catch cry, a pose ...

Storm clouds over the Pacific: Stone & Wood Group Pty Ltd v Intellectual Property Development Corp Pty Ltd

Tue, 05/16/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Adrian Chang ALLENS
Volume: 30
Year: 2017

A relatively straightforward trade mark infringement and passing off case, Stone & Wood Group Pty Ltd v Intellectual Property Development Corp Pty Ltd 1 provides some useful analysis of the unjustified threats regime set out in s 129 of the Trade Marks Act 1995 (Cth). Our key takeaway points from this case are ...

The proposed reforms to insolvency laws: great for turning around; not so great for turning off

Tue, 05/16/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Frederick Finiguerra BANKI HADDOCK FIORA
Volume: 30
Year: 2017

Practice points to note • Some of the proposed reforms to insolvency laws are likely to impact on intellectual property owners and users. • The proposed moratorium on ipso facto clauses potentially undermines the rights of licensors dealing with insolvent licensees. • However, for struggling intellectual property businesses, there is ...

Is traditional IP so yesterday?

Tue, 05/16/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Steve Collins and Sherman Young MACQUARIE UNIVERSITY
Volume: 30
Year: 2017

Takeaways • Copyright should focus on the creation of value. • Global laws currently concentrate on the process of copying — in a digital world, value is captured elsewhere (eg in actual usage, which can now be measured). • Some uses are not substitutive — and do not detract from ...

Copyright liability and the plight of the innocent intermediary

Wed, 05/03/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Emily Capill COULTER ROACHE LAWYERS
Volume: 30
Year: 2017

For many people, copyright law is a mystery. Often a person will trade in goods without understanding whether copyright subsists in the subject matter embodied in those goods. While the Copyright Act 1968 (Cth) affords protection to the person who “innocently” engages in conduct which infringes or may infringe copyright, the ...

Re Hoser — a “hands on” case

Wed, 05/03/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Deborah Jackson ALLENS
Volume: 30
Year: 2017

Take-home points • There is a distinction between a term which is common in the trade and one which is commonly used to directly describe goods or services. For a trade mark to lack capacity to distinguish, it is not necessarily enough to show that it is used as a ...

Same same, but different, but still same — breezy fight for fan design owner

Wed, 05/03/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Donna Patane MACDONNELLS LAW
Volume: 30
Year: 2017

Top tips • The view of the informed user is not necessarily the view of an expert. In Hunter Pacific Int Pty Ltd v Martec Pty Ltd 1 ( Hunter Pacific ), the experts focused on the differences between the products in exact measurements; however, the court held that exact measurements ...

Proposed changes to the Copyright Act — who’s in the safe harbour?

Wed, 05/03/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Adrian Lawrence and Mary-Cate Byrne BAKER & MCKENZIE
Volume: 30
Year: 2017

Synopsis This article looks at the Copyright Amendment (Disability Access and Other Measures) Bill 2016 (the Bill) in relation to its proposed amendments to the safe harbour regime. These amendments are expected to mean that, for the first time in Australia, certain online service providers, including search engines, will be ...

Fair enough? How technology and the law shape creative mashups

Wed, 05/03/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Steve Collins and Sherman Young MACQUARIE UNIVERSITY
Volume: 30
Year: 2017

Takeaways • Copyright was established to provide incentives for creativity, including transformative activities such as mashups and remixes. • Fair use is often seen as a mechanism to help balance private and public interests; but • Adoption of fair use by Australia may not legitimise mashups as other forces may ...

Managing IP and Asialaw present the 5th Annual IP Forum

Fri, 04/28/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: November 4 and 5 2008, Kowloon Shangri-La, Hong Kong
Volume: 21
Year: 2008

The Asia-Pacific IP Forum is now in its fifth year and, according to the organisers, is known as the best event for IP practitioners in the region. This year, Managing IP magazine is proud to be working with Asialaw on the event to help design a programme that addresses cutting ...

New Book

Fri, 04/28/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Reviewed by Sharon Givoni, General Editor
Volume: 21
Year: 2008

Patent Law in Australia By Colin Bodkin Lawbook Co RRP $290 ISBN 9780455224282 The first edition of this newly released text is principally targeted at patent attorneys, people wanting to qualify for registration as patent attorneys and intellectual property lawyers. Notable for its comprehensiveness, it provides a summary of the ...

Personal Property Securities Bill 2008: IP implications

Fri, 04/28/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Dimitrios Eliades P D CONNOLLY CHAMBERS
Volume: 21
Year: 2008

In front of me I have seated two gentlemen, Mr Thompson and Mr Taylor, who developed an innovative cotton picking machine (the Cottonpicker), which they have patented. There are three general areas of advice they seek from me. The first two are: • the IP rights associated with the Cottonpicker; ...

Court considers innovative step

Fri, 04/28/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: David Clark BLAKE DAWSON PATENT ATTORNEYS
Volume: 21
Year: 2008

In Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd , 1 Gyles J considered infringement of the applicant's three Australian innovation patent numbers 2005100978 (Patent No 1), 2006100297 (Patent No 2) and 2006100696 (Patent No 3). The respondent cross claimed for invalidity of each of the three innovation patents on ...

Barefoot gets the boot: trade mark infringement and removal for non-use

Fri, 04/28/2017 - 00:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Amanda Andreazza ALLENS ARTHUR ROBINSON
Volume: 21
Year: 2008

In the recent Federal Court of Australia trade mark decision of E & J Gallo Winery v Lion Nathan Australia Pty Ltd (2008) 77 IPR 69 ; (2008) AIPC ¶92-293 ; [2008] FCA 934; BC200804975 , Flick J considered questions of deceptive similarity, whether beer and wine are goods of ...

Pages