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Accessory to the crime? Taking action for infringement by third party accessory manufacturers

Sat, 10/19/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Melinda Upton, Jessie Buchan and Valiant Warzecha DLA PIPER
Volume: 32
Year: 2019

Introduction Third party accessories are popular with consumers seeking a more affordable alternative to a brand owner’s products, or where certain enhancements are not offered by the brand owner of a core product. However, it can be unclear from product packaging and promotional materials whether an accessory is authorised by, ...

Can cloud computing protect software IP?

Sat, 10/19/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Justin Blows PHOENIX INTELLECTUAL PROPERTY
Volume: 32
Year: 2019

Tips for practitioners • Delivering software as a service (SaaS) over the internet may be used in some but not all circumstances to protect intellectual property (IP) embedded in software. • Care must be taken that SaaS hosting service agreements do not preclude confidentiality or include information sharing. • SaaS ...

Copyright take-downs in the wild-west of the internet: is an industry code rightsholders’ saving grace or will implementation ambiguity be its downfall?

Sat, 10/19/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Nelson Marnie and Marina Olsen BANKI HADDOCK FIORA
Volume: 32
Year: 2019

Touted as the first of its kind in the world, 1 the Australian Competition and Consumer Commission (ACCC) published the final report of its Digital Platforms Inquiry in July of this year. The Inquiry aimed to contextualise and address growing concerns that digital platforms pose to businesses and consumers. Whilst Facebook and ...

Entitlement to additional damages for patent infringement — case note on Gram Engineering Pty Ltd v Oxworks Pty Ltd

Sat, 10/19/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Rebekah Gay and Nicola Gollan HERBERT SMITH FREEHILLS
Volume: 32
Year: 2019

Introduction The award of additional damages for patent infringement under s 122(1A) of the Patents Act 1990 (Cth) (the Act) is a discretionary exercise, and it is relatively unusual for a party to press a claim for additional damages for patent infringement. As a result, there are very few cases in ...