Technology
SOPA and PIPA - what is it and what does it all mean?

The online world is in a spin over new proposed legislation recently introduced in the US to target online copyright pirates.  read more »

Damaging a reputation in 140 characters or less

The tort of defamation occurs when there has been publication of defamatory material that causes damage to someone’s reputation. More recently, defamation actions have been based upon comments made in emails. How does the law of defamation interact with 140 character tweets?  read more »

Cabinet reshuffle includes changes to key IP portfolio

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 »

UK phone hacking scandal - the copyright edition

As many of us know, deleting something from a phone, laptop or computer doesn’t mean it is actually “deleted.”  This is because deleting a file (including a text message) is but the first step in permanently removing that file from any electronic device.  It’s why you are readily able to restore your uni paper, Christmas card list, or uber-important work document (phew!) from the Recycle Bin on your desktop.   read more »

Breaking news - Samsung beats injunction; Apple foreshadows High Court appeal

The Full Bench of the Federal Court has unanimously agreed to overturn the interlocutory injunction preventing Samsung selling the Galaxy Tab 10.1 in Australia.  The appeal was heard by Justices Dowsett, Foster, and Yates on 25 November 2011.  Their decision overturns the interlocutory injunction granted by Justice Bennett on 13 October.  read more »

“Twagiarism”: Does copyright protect a tweet?

Have you seen Steve Martin’s Tweets (@SteveMartinToGo)?  They reflect his celebrated dry humour and, some say, bring comedy to a whole new genre (ie 140 characters or less).  Certainly, his 1.8 million followers think he is onto something, and no doubt encouraged by this, Steve is soon to publish his tweets in a book.  Meanwhile, Miss Universe India 2011, Vasuki Sunkavalli, has recently been found “twagiarising”: ie plagiarising someone else’s Twitter posts (see news report here).

These scenarios jointly raise important questions about the scope for copyright protection of tweets and twitter feeds.  read more »

Breaking news - Generics knock out anti-depressant patent

The Full Court of the Federal Court of Australia on Friday upheld a claim by Alphapharm (together with Sigma and Generic Health) that claims 1 to 17 and 27 of Wyeth's patent relating to venlafaxine, an anti-depressant used in the treatment of depression, are invalid.

Mallesons acted for Alphapharm in the proceeding.

European Court of Justice says no to patents requiring the destruction of a human embryo - an Australian perspective

In a case concerning the use of stem cells, the European Court has decided that that an invention is not patentable if it involves the destruction of a ‘human embryo’.    read more »

iiNet update: Wider implications call for interventions and amicus curiae

A number of groups have sought leave to intervene or be heard as amicus curiae in the High Court appeal from Full Federal Court’s decision in Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23.  read more »

Breaking news: Samsung restrained from launching Galaxy Tab 10.1 in Australia

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 »