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Mainly intellectual property (IP) issues Down Under

Business method patenting?

The US Federal Circuit (9 panel bench) has handed down its decision ruling that Bilski’s method of hedging risks in commodities trading was not patentable. As summarised by Patently-O, the majority opinion substantially retreats from State Street. a process claim [must be] tailored narrowly enough to encompass only a particular application of a fundamental principle rather than to pre-empt the principle itself. A claimed process is surely patent-eligible under § 101.. Read More

Google book

You may recall that some time ago, Google started scanning/digitising every book they could find and putting on the internet for searching. Court actions ensured and the project was scaled back somewhat to out of print/out of copyright books. Now the court case has been settled (subject to the Court’s approval) and the project goes on: IPkat here (with press releases etc.) – the horse’s (well, Google’s) mouth here. Publisher’s.. Read More

Review cases handed down

On Friday, Kenny J handed down the 2nd and 3rd substantive design cases under the new Act: in Review v Redberry [2008] FCA 1588, her Honour found the design valid but not infringed; in Review v New Cover [20089] FCA 1589; valid and infringed including $85,000 damages (of which $50,000 were for additional damages). The judgments will no doubt be up on Austlii soon but, until then, students can download pdfs from.. Read More

Designs Act 1906

The Designs Act 2003 is online for free at Austlii, here. (Updated to fix link.) Succor is also available for those looking for a downloadable online version of the Designs Act 1906 (as at the date of repeal on 17 June 2004) and the Regs. Thanks, Thomas and Michael.

Patenting software in the UK (Europe)

The UK Court of Appeal has apparently broadened the scope to patent computer software: Symbian Limited v. Comptroller General of Patents [2008] EWCA Civ 1066 Paul Cole guest posts at Patently-O. IPKat extensively here.

IP, China and Hong Kong

The IP Dragon has two worthwhile papers: (1) Hong Kong is a Special Administrative Region of the People’s Republic.  What does that mean for protecting your IP? here (and here) (2) China’s National IP strategy 2008 here. He also has a link to an interesting paper on your IP strategy in China – most experience suggests you need to get on the ground where your outsourcing is taking place. Meanwhile,.. Read More

The record industry against the world

The EFF undertakes a review of the recording industry’s war against file sharing on the fifth anniversary of the launching of the RIAA’s first case. Meanwhile, the RIAA is suing an attorney who seems to work overtime for defendants sued by the RIAA: here and. Amongst other things, Mr Beckerman maintains a checklist of tips for people facing an action by the RIAA: they won’t be directly applicable here, but.. Read More

Traditional Knowledge, Folklore, And Genetic Resources -updated

The Chairman has released a report outlining how WIPO’s future work on the protection of Traditional Knowledge, Folklore and Genetic Resources following the conclusion of the 13th session of the Intergovernmental Committee. pdf link via Intellectual Property Watch. Kaitlin Mara has an lengthy report from the fallout of the last day’s negotiations: ‘No Agreement For WIPO Committee On Traditional Knowledge And Folklore’ here. It is interesting that ‘progress’ and ‘positive outcome’.. Read More

Contributory patent infringement

The High Court has allowed the Northern Territory’s appeal against the finding that it infringed the Collinses’ patent under section 117 of the Patents Act 1990 (Cth) by granting a statutory licence to ACOG to harvest certain trees from Crown land.  It was alleged ACOG then used oil extracted from the trees to make blue cypress oil by a process protected by the Collinses’ patent. From a quick skim of the.. Read More

3 helpful iPhone apps for Australians

AroundMe Metro Public Transport (Melbourne, Sydney and Perth) a free and paid version for Melbourne Pocket Weather AU (like the great widget, but you have to pay) Another 5 another lawyer likes. The three I mention can be (are) Australian specific information services.  These work well because they relate to location specific things which the iPhone can retrieve.  Most of the other apps I find useful really need to sync.. Read More