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Jonathan Kelp
22 July 2011 - 4:02pm - Jonathan Kelp

Jonathan was there at the start when the Whiteboard was just a twinkle in the IP team’s eye - and my hasn’t it come on since then.

As a Senior Associate in the Melbourne team Jonathan deals with anything and everything you can throw into an IP dispute, including confidential information, trade marks, patents and copyright. He also has a steady stream of IT disputes going on the side.

And now it’s confession time. Jonathan is ready to admit why Google analytics displayed a single avid reader of our blog in each of Solvenia, Croatia, Bosnia, Bulgaria and Turkey last year. Yes, you can never have too much IP news, even on holiday on the other side of the world.

Cabinet reshuffle includes changes to key IP portfolio
14 December 2011 - 11:41am - Jonathan Kelp

On Monday the Prime Minister announced a cabinet reshuffle which will have some impact on the key IP portfolio, Innovation, Industry, Science and Research (as it is presently known), as well as the Health portfolio.  read more »

Partner: Robert Cooper   Subjects: Technology  
Breaking news: Samsung restrained from launching Galaxy Tab 10.1 in Australia
13 October 2011 - 12:33pm - Jonathan Kelp
Patents

The Federal Court today temporarily restrained Samsung from launching its Galaxy Tab 10.1 smartphone in Australia, in the Court proceedings commenced by Apple in late July this year.   read more »

Partner: Robert Cooper   Subjects: Patents | Technology  
ECJ gets behind brand owners
13 July 2011 - 8:49pm - Jonathan Kelp
Trade marks

The European Court of Justice ("ECJ") yesterday ruled that, in certain circumstances, online market operators such as eBay may be held liable for trade mark infringement by users of their sites, and that they should take preventative action against sellers of counterfeit goods.   read more »

Partner: Robert Cooper   Subjects: Technology | Trade marks  
Supreme Court dismisses confidential information claim
17 May 2011 - 2:19pm - Jonathan Kelp
Confidentiality Litigation and procedure

The Victorian Supreme Court yesterday dismissed a claim for breach of confidence brought against Incitec Pivot by former leasing consultants, MMFC.  In striking out the plaintiff's claim, which was commenced in July 2008, Justice Croft found that MMFC had failed to identify or define information capable of protection as confidential information.  read more »

Partner: Robert Cooper   Subjects: Confidentiality | Litigation and procedure  
Arbitration of patent disputes
16 May 2011 - 12:18pm - Jonathan Kelp
Litigation and procedure Patents

The NSW Supreme Court recently considered the extent to which matters concerning patents are arbitrable.  In Larkden Pty Limited v Lloyd Energy Systems Pty Limited, Justice Hammerschlag held that there was no impediment to the parties agreeing that the particular dispute in question, relating to the rights in and entitlement to a patent application or invention, was to be resolved by way of  read more »

Partner: Robert Cooper   Subjects: Litigation and procedure | Patents  
Nothing to see here… but 110,720 trade mark applications are on the way
12 May 2011 - 5:54pm - Jonathan Kelp
Designs Patents Trade marks

Amidst all the talk of increasing workforce participation and returning the budget to surplus, it’s perhaps unsurprising to find no big ticket items directly affecting IP in the 2011-12 Federal Budget.  However, there is one little treat for IP nerds...  read more »

Partner: Robert Cooper   Subjects: Designs | Patents | Trade marks  
Federal Government releases draft tobacco plain packaging legislation
7 April 2011 - 10:40pm - Jonathan Kelp
Designs Marketing and advertising Trade marks

The Federal Government today released the exposure draft of its Tobacco Plain Packaging Bill 2011. Health Minister Nicola Roxon stated that the Government's intention is to "restrict tobacco industry logos, brand imagery, colours and promotional text appearing on packs."  Provisions in the Bill relate to the effect on trade marks and designs of compliance with the advertising prohibitions in the Bill.  read more »

Partner: Robert Cooper   Subjects: Designs | Marketing and advertising | Trade marks  
How the Saints and the Pies line up… on the Trade Marks Register
29 September 2010 - 1:32pm - Jonathan Kelp
Trade marks

With supporters of both Collingwood and St Kilda amongst us, the IP Whiteboard team is feeling the pressure in the lead up to this season’s second AFL Grand Final.  Thankfully, IP Australia has come to the rescue...  read more »

Partner: Natalie Hickey   Subjects: Trade marks  
BREAKING NEWS: Court extends injunction on PS3 jailbreak
3 September 2010 - 3:35pm - Jonathan Kelp
Copyright Litigation and procedure

The Federal Court today extended an interim interlocutory injunction to prevent the sale and distribution of the "PSJailbreak" mod chip for the Sony Playstation 3 games console.

UPDATE: IP Whiteboard's Patrick Gunning talks to the Sydney Morning Herald on the possible legal arguments available to the parties here.   read more »

Partner: Robert Cooper   Subjects: Copyright | Litigation and procedure | Technology  
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"As a junior lawyer, writing blog posts helps me understand areas of IP law which I may not yet have had a chance to work in.  It is also great practice for writing short, 'plain English' sentences.  Unfortunately, humour must be used more sparingly when drafting serious legal documents..." - Samantha McHugh

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