Jammie Thomas wins – sort of?

Ms Thomas, a single mother of two, is was the first person successfully prosecuted to a substantive trial by the RIAA in the USA for copyright infringement by P2P file “sharing” – using KaZaa, she downloaded and “shared” 24 copies of protected sound recordings. The jury awarded RIAA statutory damages of US$220,000 by the jury (or $9,250 […]

Barefoot deeper into the drink

Not only did E & J Gallo fail in its infringement action against Lion Nathan’s Barefoot Radler mark for beer, but Lion Nathan successfully applied to get E & J Gallo’s trade mark removed for non-use.  Various grounds were advanced to support the use of the trade mark.  The surprising thing about this second part […]

Innovation review

I’m still wading my way through the Innovation Review. Meanwhile Duncan Bucknell is highly critical, particularly of recommendation 7.2: Recommendation 7.2: Patent law should be reviewed to ensure that the inventive steps required to qualify for patents are considerable, and that the resulting patents are well defined, so as to minimise litigation and maximise the scope for subsequent […]

The Secret – more forum wars

Late in July, Sundberg J found that Australia was clearly an inappropriate forum to litigate the dispute over ownership and infringement of copyright in the film and the book, The Secret.  Now there is an appeal on foot. To recap: interests associated with Ms Rhonda Byrne commenced proceedings in Australia claiming to be the owner […]

Misleading or deceptive conduct?

Lilly has a patent in Australia for “difluro nucleoside antivirals”.  In January 2000, it was granted an extension of term for the patent until March 2009.  In March 2008, Interpharma brought proceedings to have the extension of term revoked. One of the grounds for Interpharma’s action was that Lilly had engaged in misleading or deceptive conduct […]

Australian on top

On 22 September, Dr Francis Gurry’s election as the next Director General of WIPO was unanimously confirmed by the General Assembly.  His term starts on 1 October.  His appointment runs until 2014. WIPO Press Release here.  Dr Gurry’s acceptance speech and his plans here. Congratulations, Dr Gurry! Brazil apparently took the opportunity to point out that […]

ACTA-phobes

The “gang” secretly negotiating ACTA (the Anti-Counterfeitng Treaty) is starting to attract increasingly organised opposition: *  “100 groups” (ranging from the EFF in the USA to the Australian National University to …) have signed a “letter” challenging much of what is (assumed) to be going on behind closed doors * China, supported by Brazil and […]

University of WA v Gray (No. 24)

What do you do if you have an appeal on foot, but the other side starts selling off the subject matter of the dispute? Now that French J has gone on to loftier planes, Siopis J has inherited this behemmoth. In the principal proceedings, the University had sued Dr Gray claiming (in very broad terms) […]

Patents List procedures

The Victorian Bar’s website has posted the Victorian Registry’s new Notice on Patents List procedures: Notice to Practitioners and Litigants issued by the Victorian District Registrar –  Proceedings under the Patents Act 1990 (Cth) dated 2 September 2008. They don’t seem to be up on the Federal Court’s site yet.

Australian Innovation Review

The Government has released the Report On The Review Of The National Innovation System.  You can download copies of the Report, an Overview, the 3 different press releases, the Minister’s introductory remarks and the Minister’s speech from here.  I wonder if the prospects of implementation are increased or decreased by the quantity of media assistance? As […]