41-50 of 276 results

New consoles, new games, old copyright
Insight 01 Sep 2021

The release of new video game consoles (including the PlayStation 5, Xbox Series X and the improved Nintendo Switch) will likely increase user-generated content – in both in-game creations and the volume of gameplay that is streamed within the wider gaming community alike. ...

You can't always get (the trade mark registration) you want: Rock Royalty, Aunty Helen, Jacindarella and bad faith
Insight 01 Sep 2021

Does a trade mark for JAGGER & STONE remind you of a certain rock band? Should New Zealand's former Prime Minister have the right to oppose trade mark registration of her nickname? Recent Trade Mark Office decisions in Australia and New Zealand shine a light on the opposition ground of bad faith. ...

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 ...

An update on the Australian Patent Box and what you need to do next
Insight 05 Aug 2021

Following the announcement by the Federal Government that Australia will introduce a patent box, Treasury has now released a discussion paper on the policy design for this new initiative (the Discussion Paper). The closing date for submissions is 16 August 2021. Ahead of that deadline, we discuss a ...

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. ...

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. ...

Ugg of war over sheepskin boots in the US
Insight 30 Jun 2021

An appellate court in the US has ruled that the word 'UGG' is capable of trade mark registration in the US for footwear because it is not a generic term – at least in the US – to describe what Australians would call 'ugg boots'. ...

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. ...

Google v Oracle – a fair stab at APIs
Insight 30 Jun 2021

In a recent decision, the US Supreme Court held that Google did not infringe Oracle's copyright when it took 11,500 lines of functional code to build the Android operating system. The decision upholds the longstanding industry practice of copying this type of code. ...