IPwars.com

Mainly intellectual property (IP) issues Down Under

Canada’s IP and antitrust enforcement guidelines

The Canadian Competition Bureau has published updated guidelines relating to the enforcement of intellectual property rights and the antitrust (competition) rules.

Primary Health Care is not registrable as a trade mark

You will probably not be surprised to discover that PRIMARY HEALTH CARE is not registrable as a trade mark. You may, however, be surprised that the successful challenger was the Commonwealth of Australia. Primary Health Care Limited (PHC) applied to register PRIMARY HEALTH CARE and in class 35 for:[1] Medical centre business management; medical centre business administration; service provider to medical professionals, namely provider of: administrative support services, billing and.. Read More

Keywords Are Not Trade Mark Use

Katzmann J has ruled that keywords are not trade mark use, but found some of the sponsored links themselves infringed.

Playgro v Playgo

PLAYGRO v PLAYGO Well, you’ll never guess what? It turns out that: is deceptively similar to: No April Fool’s. Now, maybe some of you (like me) are thinking, “Wait a minute, there must be ‘gazillions’ of trade marks for toys with PLAY in them. That’s true, but the second syllables of the verbal elements are just too close, both visually and aurally. As Moshinsky J explained: In my view, the.. Read More

Servier best method & amendment

Servier has lost what may be its last round[1] in the arginine perindopril litigation against Apotex. Servier began the litigation back in 2007. Ultimately, it lost with its patent being found invalid on the ground that Servier had failed to disclose the best method of performing the invention. After that ruling, Servier applied to amend its patent to include the best method. Its application failed on discretionary grounds. Now, we.. Read More

Online copyright infringement in australia

Playing catch up: last month saw some significant developments for online copyright infringement in Australia: First, Dallas Buyers Club’s lawyers announced it is no longer pursuing its court action to get prelimiary discovery of the contact details of the 4726 alleged infringers: it’s over; Secondly, Mr Burke from Village Roadshow announced that the proposed Graduated Response industry code has been shelved; Thirdly, Village Roadshow and Foxtel announced that they are.. Read More

What an Anton Piller order should look like

What an Anton Piller order should look like

Australia Wins Philip Morris’ Challenge Against tobacco plain packaging

Australia Wins Philip Morris’ Challenge Against tobacco plain packaging

Science Fiction

Noted science fiction author, Kim Stanley Robinson, imagines a future oral argument trying to patent something in light of recent (US) judicial attempts to clarify business method patenting. Imagine what fun he could have in an imaginary place far far away! Lid dip: PatentlyO In the meantime, IPwars is also heading far far way for the holidays. Thank you for reading. Season greetings! Wishing you a happy, safe and prosperous.. Read More

Dallas Buyers Club No 5

Perram J has rejected Dallas Buyers Club’s latest attempt to get permission to send those letters of demand out. Last time out, Perram J said DBC could get the names and addresses of the 4726 “downloaders”[1] only if it gave undertakings to use the information for the purposes of resolving its infringement allegations. limited the demands for compensation to the retail price of a download and some part of the.. Read More