Allens

08 July 2010

A recent Federal Court decision that a franchisor engaged in unconscionable conduct towards its franchisees provides useful guidance to franchisors. The court found that the franchisor abused its position of strength to impose significant increases in fees payable by its franchisees. The case also examined the legality of a franchisor withholding its consent to assignment of a franchisee's interest unless the new franchisee executed a franchise agreement which gave the franchisor additional benefits. Partner Tim Golder, Senior Associate Robyn Chatwood and Law Graduate Ben Mee discuss the implications of the court's decision

07 July 2010

The Federal Court has ordered rock band Men at Work and its record label EMI to pay Larrikin Music 5 per cent of earnings from the iconic song Down Under over the illegal use of a riff from a nursery rhyme. Partner Miriam Stiel speaks to Boardroom Radio about the decision and whether it has created a new precedent for musicians and music labels

25 June 2010

Mars Australia has recently secured trade mark protection for a particular shade of purple, which it refers to as 'Whiskas Purple', for cat food. Partner Tim Golder speaks to Boardroom Radio about the case and the difficulties and consequences of obtaining trade mark protection of colours

10 June 2010

The Federal Court has granted an interlocutory injunction restraining the use and publication of an advertising campaign. The decision is significant as it was held that there can still be copyright infringement where the same expression of ideas has been adopted albeit through the use of synonyms. Partner Tim Golder and Law Graduate Nadia Guadagno look at this important decision.

08 June 2010

.co domain names will soon be available for registration. Until 10 June 2010 some owners of registered trade marks can take advantage of a 'sunrise period' to submit a priority registration application. Partner Tim Golder and Senior Associate Jesse Gleeson look at what is involved.

07 June 2010

The Federal Government has released legislation amending the Franchising Code of Conduct that implements many of the Government's Expert Panel recommendations following its examination of franchising and unconscionable conduct provisions in the Trade Practices Act 1974. In short, there will be a greater burden of disclosure on franchisors. Partner Tim Golder and Senior Associate Robyn Chatwood discuss the changes.

24 May 2010

The High Court recently upheld an appeal against the removal of a word mark from the Trade Marks Register for non-use. Central to the High Court's decision was the finding that for there to be use of a mark in Australia, the owner need not have knowingly projected into Australia the goods to which the mark was applied. Senior Associate Peter Ryan and Lawyer Katherine McMahon look at this important case and its implications.

29 April 2010

We look at the consequences of inaccurate product packaging claims in two recent cases; new US fast food nutrition labelling laws and the likelihood that similar legislation will be introduced in Australia; a recent case involving two similarly branded enhanced water products and the last instalment in the Kit Kat shape mark saga

15 April 2010

A recent Federal Court 'Fast Track List' decision confirmed that use of a trade mark in a domain name, along with use of the trade mark on associated web sites, can constitute trade mark infringement. This list is an increasingly important part of a trade mark owner's arsenal in dealing with trade mark infringement and misuse of domain names. Partner Tim Golder and Senior Associates Jesse Gleeson and Mark Williams report

13 April 2010

Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments regarding intellectual property - including passing off, confidential information, patents, trade marks and copyright

09 April 2010

Some amendments under the Therapeutic Goods Amendment (2009 Measures No. 2) Act 2009 (Cth), the third in a series of legislative measures affecting therapeutic goods legislation, have recently commenced, with others coming into effect on 1 July 2010. The amendments affect scheduling procedures, the inclusion of medical devices in the Australian Register of Therapeutic Goods, advice on genetically modified organisms, and advertising and labelling. Partner Sarah Matheson and Lawyer Nikki Macor report

05 March 2010

The Federal Government has released the report of the expert panel appointed to examine proposals for regulation of the unconscionable conduct provisions in the Trade Practices Act 1974 (Cth), and agreed to clarify the provisions, and consider amending the Franchising Code of Conduct to require greater disclosure about franchise agreements and their risks. Partners Carolyn Oddie and Tim Golder and Senior Associates Robyn Chatwood and Alexander Gelis report

19 February 2010

New Federal Government laws, which commence on 1 March 2010, will require franchisors to register as an agent with the Tax Practitioners Board if they provide tax or business activity statement services assisting franchisees to meet obligations under tax laws such as those for GST, PAYG and FBT. Partner Tim Golder and Senior Associates Robyn Chatwood and Marc Johnston report

11 February 2010

A single judge of the Federal Court has held that copyright does not subsist in the White Pages and the Yellow Pages. Partner Jackie O'Brien and Lawyer Gary Lo report on a decision that has important ramifications for the copyright in compilations of factual information

08 February 2010

A Federal Court ruling that Men At Work's hit song Down Under infringed the copyright of popular folk tune Kookaburra sits in the old gum tree recognises that infringement occurs where a substantial part of a copyright work is reproduced, even if it does not amount to a substantial part of the other work. Partner Jim Dwyer and Lawyer Louise Chau report on the case.

08 February 2010

A highly anticipated Federal Court decision, finding that iiNet had not authorised copyright infringements committed by users of its services, has been handed down. This case has attracted global interest, and is the first in the world of its kind to reach hearing and judgment. Partner Andrew Wiseman and Lawyer Amanda Parks report.

04 February 2010

The Federal Government has handed down a landmark decision today which found that Internet service provider (ISP) iiNet was not liable for copyright infringements that occur when people use their service to download film and television content. Partner Andrew Wiseman speaks to Boardroom Radio about what this decision means for ISPs and content owners

18 December 2009

Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, copyright, patents and sponsorship/marketing

15 December 2009

The Full Federal Court's recent decision concerning the availability of extensions of term for pharmaceutical patents, particularly those claiming enantiomers, stands, following the High Court's rejection of a special leave application. Senior Associate Alexia Mayer reports

06 November 2009

The Federal Government has announced its response to the Report into the Franchising Code of Conduct by the Parliamentary Joint Committee on Corporations and Financial Services, and foreshadowed its changes to the regulation of franchise agreements. Partner Tim Golder and Senior Associate Robyn Chatwood report

28 October 2009

While a recent opinion of the Advocate General to the European Court of Justice indicates that use of another's trade mark as a keyword in search engine marketing will not, of itself, constitute trade mark infringement in Europe, the position in Australia remains unsettled. Lawyer Nicholas Tobias reports on the aggressive and defensive uses of search engine marketing that can promote or protect a business's reputation

05 October 2009

In the latest instalment of the long running UWA v Gray saga, the University of Western Australia has today sought leave to take its dispute with Dr Bruce Gray, a former Professor of Surgery at the university and founder of biotech company Sirtex Medical Limited, to the High Court. Partner Richard Hamer and Senior Associate Louise Brunero report.

21 September 2009

Welcome to Allens' update on food legislation, policy, news and cases.

04 September 2009

The Full Court of the Federal Court has confirmed that intellectual property rights in inventions made by a university professor in the course of his employment were owned by the professor - and not the university - because, while he was under a duty to conduct research, he was not under a duty to invent.

22 July 2009

Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents and trade marks. Articles include 'Bavaria NV wins beer appeal', 'Utility requirements for Australian patents', and discussion of the interlocutory injunction in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth and the software copyright appeal decision in Software AG (Australia) Pty Ltd v Racing and Wagering WA

14 July 2009

Patentees can breathe a sigh of relief now that the Full Court of the Federal Court of Australia has unanimously overturned a controversial decision of a single judge of the Federal Court. Partner Chris Bird and Senior Associate Linda Govenlock report on the appeal decision, in which the Full Court affirmed that a divisional application may be saved by the grace provisions afforded by section 24(1) of the Patents Act 1990, provided that the parent application from which it was divided was a complete application filed within the 12-month grace period

23 June 2009

Federal Parliament is changing the regulation of therapeutic goods. The first of three Bills before Parliament, the Therapeutic Goods Amendment (Medical Devices and Other Measures) Bill 2008, received Royal Assent on 17 June 2009, and the others are likely to be passed during the next sitting. Partner Sarah Matheson and Senior Associate Ric Morgan report

12 June 2009

The social networking site Facebook has announced that its users will be able to create personalised web addresses (or URLs) for their profiles from tomorrow. These new personalised URLs create a similar exposure for trade mark owners to domain name registrations, which can be used to impersonate a company. As a result, Facebook will block unauthorised use of trade marks for owners who notify Facebook about their trade mark registrations. Senior Associates Nicky Shanks and Jesse Gleeson and Partner Jackie O'Brien look at how you can protect your IP

04 June 2009

IP Australia recently issued its first decision considering the new 'bad faith' ground of opposition which was introduced into the Trade Marks Act 1995 as section 62A in 2006. Partner David Yates and Senior Associate Nicky Shanks look at the guidance that this decision gives on the interpretation and application of this new ground in Australia

01 May 2009

In these challenging financial times, with the prospect of employee departures in difficult circumstances, businesses should consider how best to protect their intellectual property from misappropriation. Partner David Yates and Senior Associate Clare Young report

24 April 2009

The High Court of Australia has unanimously upheld an appeal by IceTV Pty Limited and IceTV Holdings Limited in IceTV Pty Limited v Nine Network Australia Pty Ltd, finding that Ice did not reproduce a substantial part of Nine's television program schedules in its electronic program guides. Partner Miriam Stiel, Senior Associate Amanda Andreazza and Lawyer Katherine McMahon report

20 April 2009

Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments

13 February 2009

The Federal Government has introduced draft legislation to create a scheme under which visual artists will receive a royalty on commercial resales of their works. Creators of artworks including paintings, drawings, sculptures and photographs stand to receive a 5 per cent royalty on all resales over $1000. Partner Jim Dwyer and Senior Associate Marina Lloyd Jones report on this development

28 January 2009

The Full Federal Court of Australia recently allowed an appeal by a US-based beverage company against an Australian competitor in a case that looked at the test that is to be applied when determining whether sufficient product recognition has been established in a relevant jurisdiction through indirect marketing. Partner Jim Dwyer and Law Graduate Joanne Been look at this important decision on brand reputation in Australia

19 December 2008

Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents, trade marks, designs and personal property. We also include important Christmas/New Year closure dates for IP registration services in Australia, New Zealand, Hong Kong and mainland China.

10 October 2008

The High Court recently granted IceTV Pty Ltd special leave to appeal the Full Federal Court decision in Nine Network v IceTV, foreshadowing a wholesale review of the extent to which factual compilations attract copyright protection. Partner Miriam Stiel and Lawyers Katherine McMahon and William Atkins report

27 August 2008

Some certainty and common sense has re-entered the Australian franchising industry with today's highly anticipated judgment of the High Court of Australia in Master of Education Services Pty Ltd v Ketchell. Partner Andrew Wiseman and Lawyer Tim Holden report

17 July 2008

The Federal Court recently decided that the intellectual property in inventions made by a university professor employed to conduct and stimulate research was owned by the professor - not the university - because he was under no duty to make inventions. Partner Richard Hamer and Articled Clerk Harry Evans report

07 July 2008

The Beijing Olympics 2008 is fast approaching and the world will soon be focused on this great sporting event. Our Sports Law Practice examines some of the legal issues that can arise in the sporting arena, and provides both companies and athletes with some tips on how to maximise involvement in the sports sector

03 July 2008

On 26 June 2008, the Internet Corporation for Assigned Names and Numbers approved recommendations that will allow for a significant increase in the number of generic top-level domains. Implementation of the recommendations will see the registration of generic top-level domains become far more accessible to corporations and communities. Partner Michael Pattison, Lawyer Adrian Fisher and Research Assistant Margaret Walsh look at what is involved

26 June 2008

With effect from 1 June 2008, auDA, the Australian Domain Name Administrator, has introduced a policy that removes most of the restrictions that previously applied to the transfer of .au domain name licences. The procedure for transferring .au domain names has also been simplified. Senior Associate Rebecca Sadleir discusses the changes

04 June 2008

In a welcome breath of commercial pragmatism, a Federal Court decision, handed down last week, has paved the way for a reversal of the Ketchell decision. Partner Andrew Wiseman explains

07 May 2008

Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments

05 February 2008

This case concerned two retailing interests using the same word mark in respect of overlapping goods and where one of the two retailing interests, which had obtained registration of the mark, commenced proceedings against the other for trade mark infringement.

18 December 2007

We look at the abolition of the duty of disclosure for patent applicants; the Sportsgirl trade mark case; the dangers of choosing marks of a general character; changes to the trade mark renewal grace period; and practice changes with regard to letters of consent in cases of conflicting marks

13 December 2007

In this edition: Partner Dr Trevor Davies and Law Student Elizabeth Sarofim report on the recent decisions of the New South Wales and Victorian governments to lift their four-year moratoria on the commercial cultivation of GM canola

12 December 2007

Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments

26 November 2007

In this edition: Partner Dr Trevor Davies provides an overview of the proposed changes to the patent rules governing the prosecution of patent applications in the United States, and of the recent legal challenge to the implementation of the rule changes

16 November 2007

Australia is considering entering into negotiations on a proposed international treaty aimed at combating global counterfeiting and piracy. Partner Miriam Stiel looks at the Anti-Counterfeiting Trade Agreement

08 November 2007

In this edition: Since early 2005, Allens Biotech News has been closely monitoring the Advisory Council on Intellectual Property's recommendation regarding patents and experimental use in Australia. Partner Dr Trevor Davies and Lawyer Ollie Evans provide a further overview of the proposed amendments to the Patent Act 1990 (Cth) to include an experimental use exemption