1-10 of 224 results

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. ...

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. ...

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. ...

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). ...

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. ...