The Bill to replace the Patents Act 1953 (NZ) has finally received its first reading in Parliament, and has been opened for public submissions. read more »
Partner: In a recent audit of .org.au domain names, auDA found that 4,113 domain names (being 23% of all audited .org.au domain name registrations) did not comply with the eligibility criteria. read more »
Confidentiality has seldom before been more challenged than it is at present, by the emergence of the internet phenomenon Wikileaks (http://wikileaks.org). Many people may access, share and retain the information because they can, and without a particular agenda that bears any resemblance to those traditionally associated with the misappropriation and misuse of confidential information. In light of this, what steps can an organisation take to keep its secrets secret? read more »
The debate over responsibility for trade mark infringement in online marketplaces continues, with the UK High Court last week referring key questions about eBay’s liability in the L’Oreal and eBay dispute to the European Court of Justice (ECJ). Usefully, the decision clarified that eBay was not jointly liable with users for infringing trade marks through the sale of counterfeit products - a view that accords with the current Australian position on joint tortfeasorship. However, the Court left open the possibility that eBay might be directly liable for trademark infringement in relation to marks reproduced in sponsored links, under the EU Trade Marks Directive. read more »
For the first time in Australia, the registration of a trade mark has been refused on the ground that the application was made in bad faith. The decision of the Australian Trade Marks Office in Hard Coffee Pty Limited v Hard Coffee Main Beach Pty Limited [2009] ATMO 26 is the first successful opposition pursuant to s 62A of the Trade Marks Act, which applies to all trade marks accepted on or after 23 October 2006, and reads: "The registration of a trade mark may be opposed on the ground that the application was made in bad faith". read more »
The Australian parody/satire fair dealing defence to copyright infringement was introduced in December 2006 (s 41A of the Copyright Act). But does anyone really know what it covers? Humour is subjective, and there is a dearth of relevant case law in this country. How can we know when courts will see the funny side of life and find that the defendant's use of the work constitutes a fair dealing? read more »
The Government has announced a restructure of the Federal Courts system, which will expand the Federal Court's IP jurisdiction.
The Federal Magistrates' Court will be merged into the Federal Court and the Family Court, so that all IP disputes will be heard at first instance in the Federal Court. read more »
Providers of peer-to-peer filesharing systems have been dealt a heavy blow, with a Swedish court last month finding the four operators of The Pirate Bay website guilty of contributory copyright infringement. Those representing the creative industries have applauded the decision as a victory for rights holders, however anti-copyright organisations have criticised the decision as unjust.
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The United Kingdom has taken another step in the ongoing fight against climate change. The UK Minister for IP has launched an initiative where ‘green’ or environmentally friendly technology can be fast-tracked through the patent application process. How does it all work? And what’s likely to follow from this development?
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Taking steps to protect your invention could seem like a hassle when you’re buzzing with excitement and want to tell the whole world about your great new idea. But it’s worth taking a moment to stop and consider how to best protect your invention, as this cautionary tale demonstrates.
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