1-10 of 222 results

Moored in the Marina: the Federal Circuit Court refuses to imply a licence restriction for the use of sailing footage
Insight 01 Sep 2021

The Federal Circuit Court provides a fresh reminder of the need for businesses in the creative industry to agree and clearly document positions on intellectual property (IP). ...

Copyright in software – the latest word from the Federal Court
Insight 01 Sep 2021

The Federal Court has handed down its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2021] FCA 809 in a decision with important implications for copyright enforcement in software under Australian law. ...

IP rights in the COVID-19 pandemic – the story so far
Insight 01 Sep 2021

With the timely supply of effective COVID-19 vaccines insufficient to meet global demand, there has been speculation that the compulsory licence and Crown use (or government authorisation) provisions would be invoked. This from the early stages of the pandemic has thrust IP rights into the spotlight ...

Important developments for offshore diagnostic testing
Insight 01 Sep 2021

In Ariosa Diagnostics, Inc & Ors v Sequenom, Inc [2021] FCAFC 101, the Full Federal Court delivered significant clarity for companies who provide or conduct diagnostic tests. ...

World first: Australia says ‘yes’ to AI inventors
Insight 30 Jul 2021

The decision in Thaler v Commissioner of Patents [2021] FCA 879 is the first judicial determination in the world in favour of AI systems being named as inventors of a patent. The availability of patent protection for AI-generated inventions is a vexed and controversial issue. ...

Food and beverage law bulletin
Insight 14 Sep 2021

Sugar and alcohol labels under the microscope, including new requirements for alcoholic beverages to display pregnancy labels; minimising regulatory risk regarding misleading conduct on the sale and promotion of food products; COVID-19 and food; and class actions in the sector. ...

High Court defamation decision means businesses could be responsible for comments posted on their social media pages
Insight 15 Sep 2021

In proceedings relating to alleged defamation of Dylan Voller, the High Court has confirmed that the administrators of public social media pages are 'publishers' of comments posted by third parties and members of the public on their page, for the purposes of defamation law. ...

Where did you get those shoes? Manolo Blahnik seeks preliminary discovery against Estro Concept
Insight 30 Jun 2021

Luxury shoe brand Manolo Blahnik sought preliminary discovery from designer outlet store Estro Concept (Estro) to determine whether it had a right to obtain relief for trade mark infringement and misleading conduct. ...

No parody or satire defence for Clive Palmer's Twisted Sister rip-off
Insight 30 Jun 2021

Clive Palmer's 'Australia's Not Gonna Cop It' jingle has been found to infringe copyright in Twisted Sister's hit 'We're Not Gonna Take It', with the Federal Court awarding $1.5 million in damages against the billionaire. ...

Final report on review of Australia’s patent system
Insight 30 Jun 2021

The Federal Government has released the final report on the review of the accessibility of patents for small and medium sized enterprises (SMEs), which follows the phasing-out of the innovation patent system in Australia. ...

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