Mainly intellectual property (IP) issues Down Under

Domain name disputes in Australia

Mark Bender, at Monash University, has written about domain name disputes in Australia … According to the abstract: The objective of this paper is to provide an overview of the law in relation to domain name disputes involving trademarks that applies in Australia. Generally the focus of this paper will be confined to consideration of domain names ending with the .au suffix. An overview of the rights associated with domain.. Read More


Nicholas Suzor tries to work out where parody fits into Australian copyright law … here. A parody, or is it a satire ?, here.

Copyright owners versus ISPs

Reports today that the UK Government has ‘brokered’ a deal between copyright owners and ISPs forcing ISPs to take a more pro-active role in cutting off illegal downloaders … According to the IPKat things may be a little more complicated: at least one of the ISPs claims all it has agreed to do is write to the downloader and tell them that someone alleges they infringe copyright. IPKat here. Kim.. Read More

Dollars v sense

The latest plans to extend copyright term in the EU seem to have fired up a collected who’s who of copyright academics … A band of intrepid professors have taken to the pages of the Times to point out why it’s a bad idea, via IPKat also having a go at performer’s rights Another group calling themselves “Sound Copyright” have also reacted strongly (and negatively), via IPKat again And, soon.. Read More

Patentable subject matter issues paper

ACIP has released its issues paper on Patentable Subject Matter … As feared, the ‘archaic’ language of ‘manner of manufacture’ cops a review, but so does the ‘generally inconvenient’ proviso. Under the headings ‘Objectives of the test’ and Ethical and other constraints on the test’, it pretty much throws wide open the issue of whether there should be a patent system, what it should protect and what should be excluded… Read More

International agendas

WTO and EU … IP Watch reports that IP is on the agenda next week (beginning 21 July) in the DOHA negotiations and identifies key issues raised by a “regional groupings such as African, Caribbean and Pacific developing nations in league with Brazil, China, India and Europe” here. More GIs and better acknowledgement of traditional knowledge seem to be the main concern. Australia is one of the opponents – which.. Read More

Innovators and entrepreneurs

Joshua Gans says he has been teaching this case study to his MBA students … Flash of Genius. On a similar theme, IPRoo attended the launch of Measured Success, Innovation Management in Australia and found an IP lawyer’s vision of nirvana: “Adrian Hunter went beyond the usual practice of inviting patent attorneys to attend the first meeting of the project. He invited them to attend all of the quarterly meetings.. Read More

Jib Jab did it again!

The folks who brought us This Land have now found Time for some campaignin’ … here. Now, why does that tune sound so familiar?* Why does the scenery behind Barack Obama seem familiar? According to Excess Copyright, it wouldn’t be legal in Canada. But is it parody or satire? Fortunately, in a country where a clip of the Prime Minister singing happy birthday to “a” cricketer was neither news nor.. Read More

Innovation Scorecard

The Commonwealth Department of Innovation Industry, Science and Research has published an Intellectual Property Scorecard 2002 – 2006. There are a wealth of interesting statistics to ponder … For example, there were 25,552 patent applications in 2006 (up from 22,569 in 2002), but only 9,426 granted (down from 13,702 in 2002) and the difference is not made up by the innovation patent which has had around 1000 – 1100 applications.. Read More

Barefoot in the drink

E & J Gallo failed in its action against Lion Nathan alleging that BAREFOOT RADLER for beer infringed Gallo’s registration of BAREFOOT for wine. Worse news for Gallo, its trade mark was ordered to be removed for non-use … The case is a relatively rare consideration by the Court of “goods of the same description” and even rarer consideration of the s 120(2) defence. It also repays close attention to.. Read More