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Australia’s looming patent crisis

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Paula Natasha Chavez KNOWLEDGE LAW OFFICES
Volume: 30
Year: 2017

Takeaways • Australian stock valuations are probably depressed by low patent activity. • Australian companies hold no defensive patent portfolios to assert in defence against corporate behemoths moving into Australia. • Australian company boards may be liable for patent infringement risk mismanagement. As recently noted by Minister for Foreign Affairs ...

Internet website blocking and the application of s 115A of the Copyright Act

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Ian Robertson and Sarah Butler HOLDING REDLICH
Volume: 30
Year: 2017

Key points • Under s 115A of the Copyright Act 1968 (Cth), copyright owners can apply for a court order which requires carriage service providers (CSPs) to block access to an overseas website if that website has the primary purpose of infringing copyright, or facilitating the infringement of copyright. • Orders under ...

Key principles in the assessment of additional damages for copyright infringement

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Tim Webb and Ella Alexander CLAYTON UTZ
Volume: 30
Year: 2017

Tips for practitioners • The quantum of additional damages bears no relationship to the compensatory damages awarded in any given case. For plaintiffs, the availability of additional damages may make an otherwise uneconomic claim worthwhile. • Additional damages may be awarded in circumstances where infringement of copyright is particularly flagrant, ...

Switched on judge turns off CLIPSO trade mark

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Alison McGinn BANKI HADDOCK FIORA
Volume: 30
Year: 2017

Introduction Earlier this year, Clipsal, Australia’s best-known electrical accessories brand, had a significant victory against a trader using the name “Clipso” to market and sell electrical goods, including a light switch virtually identical to Clipsal’s classic “dolly” shape (for which Schneider Electric (Australia) Pty Ltd owns a registered trade mark). ...

Unjustified threats of patent infringement: recent decisions

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Doug Horton CULLENS PATENT AND TRADE MARK ATTORNEYS
Volume: 30
Year: 2017

Before threatening a third party with infringement of a patent, it should be kept in mind that the alleged infringers can pursue the person making the threat for relief (including damages) if the threats are held to be unjustified. 1 This issue was discussed in the December 2014 issue of the ...

A restatement of relief against contractual penalties (II): A framework for applying the Australian and English approaches

Tue, 09/05/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Journal of Equity
Author: Nicholas A Tiverios*
Volume: 11

Introduction Two approaches 1 to the penalties doctrine can be discerned from the decisions of the highest courts of Australia and the United Kingdom in Andrews v Australia and New Zealand Banking Group Ltd , 2 Paciocco Australia and New Zealand Banking Group Ltd , 3 Cavendish Square Holding BV ...

Remedies against an alter ego knowing recipient: Akita Holdings Ltd v Attorney-General (Turks and Caicos Islands)*

Tue, 09/05/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Journal of Equity
Author: Jamie Glister^
Volume: 11

Citizens of the Turks and Caicos Islands could apply for ‘Conditional Purchase Leases’ of Crown Land. Under this scheme, the citizen would promise to develop land in a certain way. Assuming that development happened, the citizen would then be entitled to purchase the freehold. The purchase price would be the ...

The creation of express trusts

Tue, 09/05/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Journal of Equity
Author: Ying Khai Liew* and Charles Mitchell^
Volume: 11

1 Introduction ‘As a general rule, it has been laid down, that when property is given absolutely to any person, and the same person is, by the giver who has power to command, recommended, or entreated, or wished, to dispose of that property in favour of another, the recommendation, entreaty, ...

The revolution and legacy of the discretionary trust

Tue, 09/05/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Journal of Equity
Author: Jessica Palmer and Charles Rickett*
Volume: 11

I Introduction The express private trust, and specifically the discretionary express private trust, was the subject of two important developments in the late 1960s and early 1970s that significantly broadened its scope and, as we will argue herein, continue to have a profound effect on the law of trusts and ...

A commercial IP perspective on the new unfair contract terms protection under the ACL

Sat, 07/22/2017 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Nicole Murdoch and Sandy Zhang BENNETT & PHILP LAWYERS
Volume: 30
Year: 2017

Key points • The amended unfair contract terms provisions under the Australian Consumer Law (ACL) is now in effect and apply to all standard form small business contracts entered into on or after 12 November 2016. • The amendment may have significant impact upon terms common to intellectual property (IP) contracts such ...

Death and the maiden — probate and copyright

Sat, 07/22/2017 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Therese Catanzariti 13 WENTWORTH SELBORNE CHAMBERS
Volume: 30
Year: 2017

Dealing with the estate of a deceased person who has been involved in creative industries — as an executor, as a beneficiary, or as a person seeking an assignment or a licence — requires an understanding of both copyright and probate. Takeaway tips • Any person dealing with intangible rights ...

Four strikes and you’re out: Adidas covering their bases with trade marks protection

Sat, 07/22/2017 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: William van Caenegem and Violet Atkinson BOND UNIVERSITY
Volume: 30
Year: 2017

Takeaway tips • When considering whether a registered mark is used “as a mark” or merely as a decorative feature, evidence that consumers have become accustomed to seeing trade marks in the same position on products of that kind will support a finding of use as a mark. • Even ...

Patent prosecution strategy in the ASEAN region: understanding the ASPEC and GPPH programs

Sat, 07/22/2017 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Brittany Howard and Marcus Caulfield FB RICE
Volume: 30
Year: 2017

The Association of Southeast Asian Nations (ASEAN) region is receiving an ever-increasing number of new patent filings. This article discusses how filing ASEAN patent applications through the ASEAN Patent Examination Cooperation (ASPEC) and/or Global Patent Prosecution Highway (GPPH) programs can streamline the prosecution of related patent applications in several, if ...

The productivity of patents: a review

Sat, 07/22/2017 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Richard Hoad CLAYTON UTZ
Volume: 30
Year: 2017

Key points • The recent Productivity Commission report in relation to intellectual property arrangements has proposed some significant changes to Australia’s patent laws. • The proposals include the abolition of the innovation patent system, a change to the test for inventive step and reduced patent term extensions for pharmaceuticals. • ...