Mainly intellectual property (IP) issues Down Under

IceTV in the High Court

The High Court has apparently granted special leave to appeal.   Lid dip, Kim (who also has a link to David Lindsay‘s slides). It can’t just be the “what is worth copying is worth protecting” rubric that requires reconsideration so maybe House of Commons is on to something with the injunction (presumably to database owners) to be afraid?  The transcripts seem to be running about 2 weeks behind.  IPwars on the.. Read More

Is it a trade mark?

Sydney 2000? Athens 2004? World Cup 2006? Beijing 2008? According to OHIM’s Board of Appeal, World Cup 2006 and related labels like Germany 2006 are descriptive and lack distinctive character.  Accordingly, it ordered their registration as trade marks cancelled.  IPKat has more details here. May be Parliament was on to something when it enacted the Olympic Insignia Protection Act 1987. Imagine what would happen if someone did something like this to.. Read More

ACTA DownUnder

It seems DFAT has been considering ACTA since December 2007. An overview here and here. Now, DFAT has called for submissions and has flagged these as interesting topics. Lid dip, Cheng Lim. Meanwhile, IPKat reports of a UK Intellectual Property Office consultation paper on penalties for copyright infringement. IPKat also draws attention to some further EU perspective on counterfeiting here (scroll down to 7.2).

Suspending a trade mark opposition

On application by Darrell Lea, the Registrar suspended Darrell Lea’s oppositions to the registration of some purple trade mark applications by Cadbury purportedly pursuant to reg. 5.16. Finkelstein J has now found that the Registrar does not have power to suspend oppositions indefinitely. Given my involvement in matters purple, let me just refer you to Nicholas Weston’s consideration. Darrell Lea Chocolate Shops Pty Ltd v Cadbury Limited [2008] ATMO 6.. Read More

The sky is falling

with apologies to Chief Vitalstatistix: ARIA’s half year figures for 2008 show that sales of recorded music are still falling – down 4% on the corresponding period last year. But guess what, the decline in sales of physical copies is almost all set off by the rise in digital sales: 12 million digital tracks up from 8 million for the 6 month period last year.   According to ARIA: “….. Read More


You may have noticed that IPwars has been more than usually missing. This is mainly because the software for IPwars has become obsolete and I am attempting (so far, rather unsuccessfully) to transition to new software. Please bear with me while this gets sorted out.

Patentable subject matter

A ‘manner of manufacture’ is something ‘more’ than a mere discovery or principle: it must be some thing or practical means of applying that principle in a field of economic endeavour (qua NRDC at e.g. [15] and [22]) and now, apparently, we have an example of a discovery or principle which was not patentable as being too abstract rather than a practical application … I am not sure if what.. Read More