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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 ...

Career Step, LLC v TalentMed Pty Ltd (No 2) — tackling the vexed question of joint authorship

Mon, 10/22/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter Knight and Isabella Penna BANKI HADDOCK FIORA
Volume: 31
Year: 2018

Key points • Robertson J’s decision in Career Step, LLC v TalentMed Pty Ltd (No 2) 1 ( Career Step v TalentMed ) and analysis of works which have multiple contributors and contain various “modules” provides a wider dimension for future cases concerning joint authorship. • There has been a string of ...

The “patent bargain” for clean technologies — altering the deal

Mon, 10/22/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Gareth Dixon SHELSTON IP
Volume: 31
Year: 2018

Environmental consciousness — especially as it pertains to climate change is increasing exponentially throughout the world. Moreover, it is generally accepted that pollution cannot be stabilised with existing technologies. 1 Clean technology, or “cleantech” 2 — technologies that may lessen, nullify or even reverse the environmental impact of an existing ...

Avenues for IP litigation

Mon, 10/22/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Gautam Mukherji VICTORIAN BAR
Volume: 31
Year: 2018

Takeaway tips • There are a variety of judicial bodies, prescribed by legislation, which are able to hear disputes involving intellectual property (IP) in Australia. • A party seeking to commence litigation has a choice to issue proceedings in a number of different forums, with the exception of patent matters ...

Career Step, LLCv TalentMed Pty Ltd (No 2) tackling the vexed question of joint authorship

Mon, 10/22/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter Knight and Isabella Penna BANKI HADDOCK FIORA
Volume: 31
Year: 2018

Key points • Robertson Js decision in Career Step, LLCv TalentMed Pty Ltd (No 2) 1 ( Career Stepv TalentMed ) and analysis of works which have multiple contributors and contain various modules provides a wider dimension for future cases concerning joint authorship. • There has been a string of ...

Considerations relating to drafting the patent specification

Mon, 10/22/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Michael Zammit SHELSTON IP
Volume: 31
Year: 2018

Practical tips • Whilst there is no definition of invention in the Patents Act 1990 (Cth) (the Act), an invention is generally understood as the generation of a new idea or knowledge which aims to solve a specific technical problem that is tied to a potential commercial opportunity. A patent ...

Craft beer, banks and fastcards: case note of opposition proceedings

Mon, 10/22/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Davis OWEN DIXON CHAMBERS WEST
Volume: 31
Year: 2018

This article comments on three opposition decisions from the Trade Marks Office. They serve as a reminder of the following points for practitioners: • In many cases, it will be necessary to adduce evidence as to the state of affairs as at the relevant priority date. • Descriptive words are ...

The patent bargain for clean technologies altering the deal

Mon, 10/22/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Gareth Dixon SHELSTON IP
Volume: 31
Year: 2018

Environmental consciousness especially as it pertains to climate change is increasing exponentially throughout the world. Moreover, it is generally accepted that pollution cannot be stabilised with existing technologies. 1 Clean technology, or cleantech 2 technologies that may lessen, nullify or even reverse the environmental impact of an existing product or ...

“Like brands, only cheaper” — the court’s stance on copycat and “natural” products

Thu, 09/13/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Wyn Davies RYDGE EVANS LAWYERS
Volume: 31
Year: 2018

The Federal Court’s decision in Moroccanoil Israel Ltd v Aldi Foods Pty Ltd 1 ( MIL v Aldi ) has clarified Australian intellectual property law regarding copycat products and products that claim to be “natural”. The decision highlights that: • Similar appearance between two products will not necessarily lead to a finding ...

Patents and planet hunting

Thu, 09/13/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Martin Pannall MADDERNS PATENT & TRADE MARK ATTORNEYS
Volume: 31
Year: 2018

Looking at the horizon you see the two suns setting, and the image of your neighbour planet becoming larger as it rises in the sky. At least that is what you might see if you were standing on the planet Kepler-47(AB)b (notwithstanding the practical difficulties of standing on that planet). ...

Position clarified: a defect in ownership cannot be “cured” by an assignment to the correct owner

Thu, 09/13/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Helen Kavadias PHILLIPS ORMONDE FITZPATRICK
Volume: 31
Year: 2018

In Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd 1 (Full Federal Court case), the Full Federal Court found differently to the Federal Court in Insight Radiology Pty Ltd v Insight Clinical Imaging Pty Ltd 2 (Federal Court case) on the issue of trade mark ownership. In particular, when a ...

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