1-10 of 217 results

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. ...

Good news for pharmaceutical innovators – Federal Court confirms patent term extensions should be based on patentee's own product
Insight 23 Jun 2021

In the appeal decision Ono Pharmaceutical Co, Ltd v Commissioner of Patents [2021] FCA 643 (the Ono decision) the Federal Court has overturned the decision of the Australian Patent Office and confirmed that an application for patent term extension (PTE) should be based on the patentee's own product, not that of a third party or competitor product. ...

'Fearless Girl' replica still standing after legal battle
Insight 30 Apr 2021

State Street Global Advisors Trust Company (State Street), the US-based investment management company that originally commissioned the bronze statue known as 'Fearless Girl', has lost its case concerning a replica of the statue unveiled at Melbourne’s Federation Square in 2019. ...

Combe International Ltd v Dr August Wolff: deceptive similarity where it counts
Insight 30 Apr 2021

IP Australia, the Federal Court and the Full Federal Court have considered whether the trade marks VAGISIL and VAGISAN are deceptively similar. The final answer has now been handed down by the Full Federal Court. We take a look at the decision and what it tells us about deceptive similarity. ...

Straight outta USDC: dangers of using a celebrity's name, image or likeness
Insight 30 Apr 2021

Ice Cube recently filed proceedings in the US against the popular trading app Robinhood, to freeze the use of his image and likeness. This highlights the dangers of advertisements using the name, image or likeness of a celebrity without their consent. ...

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