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Intellectual Property Patents & Trade Marks

In brief 1 min read

Two important developments have unfolded over the past week. The InIP editors report.

Federal Government's claim dismissed

Yesterday, the Federal Court dismissed the Federal Government's $325 million claim for compensation against Sanofi and Bristol Myers Squibb, in relation to subsidies it paid for Plavix (clopidogrel – a blood thinning drug) as a result of an interlocutory injunction blocking generic entry. The court held that the Commonwealth failed to prove that Apotex would have listed its generic clopidogrel in April 2008 but for the interlocutory injunction.

Glass Candy's 'flagrant' copyright infringement

At the end of last week, the Federal Court held that American electronic music duo Glass Candy had copied the Australian hit 'Love is in the Air' (written by Harry Vanda and George Young, and made famous by John Paul Young) in its song 'Warm in the Winter' and subsequent adaptations for Air France advertisements. The copyright infringement was said by the judge to be 'flagrant', such that there will be further hearings to determine the question of damages, including the possibility of additional damages.

Stay tuned

We look forward to sharing with you, in the next InIP, our insights on the above developments.