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Dancing in time: TikTok, Fortnite and the copyright protection of dance — do TikTok users own copyright in the dance moves they create?

Wed, 04/22/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Kelly Williamson and Luke Dale HWL EBSWORTH LAWYERS
Volume: 32
Year: 2020

Key points • The protection of dance routines as choreographic works under the Copyright Act 1968 (Cth) (the Act) has rarely if ever been tested in Australian courts. • Choreographers of TikTok dance challenges and other short dance routines are unlikely to own copyright in their creations. • Recent litigation relating ...

Federal Court crunches down on peanut butter trade dress, preferring Bega’s smooth arguments

Wed, 04/22/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Belinda Breakspear and Lornagh Lomax MCCULLOUGH ROBERTSON
Volume: 32
Year: 2020

Key takeaways: • Unregistered rights in trade dress or “get-up” protect the reputation or goodwill in those rights, and are enforced through actions in misleading and deceptive conduct and the tort of passing off. • Registering key brand identifiers as trade marks is important to establish ownership and control. Relying ...

The doctrine of subconscious copying

Wed, 04/22/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Eugenie Smith and Sharon Givoni SHARON GIVONI CONSULTING
Volume: 32
Year: 2020

What effect does the doctrine of subconscious copying (the doctrine) 1 have on copyright law? In order to understand the law as it stands today, we need to first look at the development of the doctrine in the United States and Australia before critically assessing the most recent case of ...

WIPO reviews IP rights in relation to AI-generated works

Wed, 04/22/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Adrian Lawrence and Julian McMahon BAKER MCKENZIE
Volume: 32
Year: 2020

Key points: • The World Intellectual Property Organization (WIPO), through consultation with its Member States and other interested parties, is in the process of developing and defining the issues at the intersection of artificial intelligence (AI) and intellectual property (IP). As part of this process, WIPO recently released a Draft ...

A tale of two systems: comparing Australian and New Zealand designs law

Fri, 02/28/2020 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Paul Goodall BAXTER IP PATENT & TRADE MARK ATTORNEYS
Volume: 32
Year: 2020

Rationale for the Designs System Registered designs serve the purpose to protect the aesthetic or visual features of a product from being unlawfully copied. This is in contrast to patents that protect the functionality of a product or process. In the Explanatory Memorandum in relation to the Designs Bill 2003 (Cth), ...

Biosimilars — regulatory and patent litigation aspects in Australia

Fri, 02/28/2020 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Duncan Longstaff and Dr Candace Wu SHELSTON IP
Volume: 32
Year: 2020

What are biologics and biosimilars? “Biologics” are therapeutic products comprising large complex molecules derived in some way from a living organism. A “biosimilar” is highly similar (but not identical) to an original biologic (“reference medicine”). Consequently, biosimilars are slightly different to traditional small molecule “generic” medicines, in which the active ...

Copyright licensing lessons: Hardingham v RP Data Pty Ltd

Fri, 02/28/2020 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Daniel Jepson HOLMAN WEBB LAWYERS
Volume: 32
Year: 2020

Introduction A copyright licence does not have to be in writing. A licence can be inferred or implied by conduct. Copyright owners should be alert to this when making material available, especially if they want to limit the scope or duration of use. The decision of Hardingham v RP Data Pty ...

Patentability in an international framework — the global expansion of “common general knowledge”

Fri, 02/28/2020 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Jordan Davis MONASH UNIVERSITY and Sharon Givoni SHARON GIVONI CONSULTING
Volume: 32
Year: 2020

Introduction To be granted a patent, an invention must involve, amongst other things, an inventive step when compared to a prior art base that includes the relevant common general knowledge. 1 This phrase, “common general knowledge”, has been defined as follows: 2 [T]he background knowledge and experience which is available ...

Who owns your online friendships? Establishing rights over social media connections

Fri, 02/28/2020 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Stephanie McHugh RUSSELL KENNEDY LAWYERS
Volume: 32
Year: 2020

Introduction When you now meet a new professional connection, you can share your personal LinkedIn QR “quick response” codes for reciprocal scanning and become social media connections in an instant. Such is the prevalence of social media in our lives — and increasingly in our professional careers. Many employees are actively ...