2011
Seasons Greetings... and a break!

Our third anniversary of IP Whiteboard has come round quickly, and fertile discussions about IP only continue to grow.

We are going to take a short break to eat festive turkey, lie on a beach, and think about our forthcoming 2012 posts. 

We do hope that all our readers enjoy the festive season too.  We hope it's safe and happy, with a big thanks for your support over the last 12 months.  See you soon.  read more »

Partner: Natalie Hickey  
RIAA isn’t buying ReDigi’s second hand digital music
Copyright

A new website based in the US called ReDigi launched recently, offering consumers a way to sell their ‘used’ digital music files.  Second hand digital music markets raise some interesting copyright issues, with different implications for jurisdictions across the world.  read more »

Partner: Maurice Gonsalves   Subjects: Copyright  
UK proposed parody exception: allowing amateur parodies to proliferate on social media
Copyright

On 14 December, the UK Intellectual Property Office launched a copyright consultation, containing further details of a proposal to introduce a fair dealing exception for parodies, caricature and pastiche.   read more »

Partner: Maurice Gonsalves   Subjects: Copyright  
Fair dealing or freeloading? iTunes previews to face the music…
Copyright

Earlier this month, the Supreme Court of Canada heard five copyright cases on appeal from Canada’s Copyright Board (the “Board”).  The cases have far reaching implications for copyright owners and users alike.  The legality of photocopying textbooks for school children and previewing songs on iTunes is at stake, as is the right of copyright owners to receive royalties for music downloaded by consumers as part of video games.   read more »

Partner: John Swinson   Subjects: Copyright  
Making its Mark: “Occupy Wall Street” Files Trade Mark Application
Trade marks

On 24 October 2011, organisers from the unincorporated association "Occupy Wall Street" filed an application to trade mark their name with the U.S Patent and Trademark Office (“USPTO”).  The movement is interested in protecting the phrase for merchandise such as bags, clothing, luggage and headwear, in newsletters and periodicals and on a website featuring educational materials related to the Occupy Wall Street movement including photographic, audio, video and prose presentations.  read more »

Partner: John Swinson   Subjects: Trade marks  
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 »

Partner: Robert Cooper   Subjects: Technology  
Breaking news – Apple’s application for special leave refused
Patents

Samsung is free to sell the Galaxy Tab 10.1 in Australia.  The High Court has refused to grant Apple leave to appeal the decision of the Full Bench of the Federal Court, which removed an interlocutory injunction banning sales of the device in Australia. The transcript from the special leave application can be read here.  read more »

Partner: John Swinson   Subjects: Patents  
iiNet Update: High Court hears the iiNet copyright “conundrum”
Copyright

Last week, the High Court heard the iiNet v Roadshow Films appeal.  The case concerns whether iiNet can be held liable for authorising its customers’ copyright infringements.   The question of how copyright can be protected in an internet age is a difficult one and the Justice Hayne identified a basic conundrum in this area of copyright law.  read more »

Partner: Maurice Gonsalves   Subjects: Copyright  
UK phone hacking scandal - the copyright edition
Copyright

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 »

Partner: John Swinson   Subjects: Copyright | Technology  
Friedrich Nietzsche and Kate Moss brought into Kanye West copyright dispute
Copyright

Why do Friedrich Nietzsche, Kanye West and Kate Moss appear together in an intellectual property blog post title?  One is an existentialist philosopher, one a rapper and one a supermodel.  read more »

Partner: Maurice Gonsalves   Subjects: Copyright