31-40 of 192 results

The house always wins – the latest on Crown Resorts v Zantran
Insight 26 Feb 2020

The Full Federal Court has overturned the trial decision in Crown Resorts Limited v Zantran Pty Limited [2020] FCAFC 1, and cast further light on the enforceability of employee confidentiality agreements in the context of civil litigation. ...

Federal Court decides second round of fencing (patent) duel
Insight 26 Feb 2020

This Insight examines the consequences of a patent dispute concerning a patent for a 'fence plinth'. This dispute highlights some of the key elements of any patent dispute such as how meaning of ordinary terms in the patent must be understood in the context of the whole patent specification. ...

Unlocking the potential in IP assets as collateral for finance
Insight 18 Dec 2019

Companies should seek to make the most of their intangible assets. One way to do this is to use intellectual property assets as collateral to access funding. IP-rich businesses, SMEs and start-ups should keep this potential avenue in mind. ...

Global trends in intellectual property
Insight 18 Dec 2019

The World Intellectual Property Organization (WIPO) has recently published two reports identifying key hotspots for innovation, and key markets for patent, trade mark and design filing. ...

What’s in a name? Famous faces and their famous trade marks
Insight 18 Dec 2019

For a celebrity, your name is your business. It is no surprise then that celebrities will go to great lengths to protect their brand. This is clear from a recent flurry of A-list trade mark activity including by the likes of Kim Kardashian West, Kylie Jenner and Beyoncé. ...

What does Blackbeard have in common with North Carolina?
Insight 18 Dec 2019

They're both pirates! At least, that is video production company Nautilus Production's allegation before the Supreme Court of the United States (SCOTUS), which has been asked to ponder the copyright in materials relating to Queen Anne's Revenge, the ship belonging to infamous pirate Blackbeard. ...

Computer-implemented business methods and manner of manufacture…where do we stand?
Insight 17 Dec 2019

In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...

Bikinis from Way-back-when
Insight 17 Dec 2019

In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...

IP rights and Indigenous Knowledge: the case of gumby gumby
Insight 17 Dec 2019

A pending trade mark application concerning the Indigenous term 'gumby gumby' highlights the controversies that arise at the intersection of intellectual property rights and Indigenous culture. ...

Freedom to Feta – where is Australia headed on geographical indications?
Insight 10 Dec 2019

With negotiations underway for the free trade agreement between Australia and the European Union (the A-EU FTA), Australian businesses that produce, buy or sell EU and non-EU food, agricultural goods and spirit drinks have to confront the possibility that Australia will agree to give much stronger protection to the names of hundreds of EU products that indicate their geographical origin. We look at some of the key issues in the EU's proposal that would impact Australian businesses' operations and IP portfolios, and consider some of the agreed compromise positions in the EU's other recent FTAs. ...

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