Mainly intellectual property (IP) issues Down Under

WIPO and traditional knowledge and folklore

WIPO’s committee on traditional knowledge etc. has before its meeting later this month, 2 papers identifying the gaps in protection for traditional knowledge and folklore. Intellectual Property Watch has links and some analysis here.

Lessig on copyright reform

Prof. Lessig has an opinion piece in the Wall Street Journal outlining his ideas on what needs to be done to put copyright “right”. Read it here. Many owners of copyright no doubt will not agree.

Copyright liability for hosting material posted by others

Section 116AE of the Copyright Act 1968 (Category C activity) provides for a limitation on the liability of hosting services for material posted by others.  Think, for example, of YouTube or those websites that ISPs provide their subscribers. The broad conditions for the protection to apply are set out in s 116AH. Copyright Regulations reg. 20A to 20X provide more detailed requirements, including the notice and take down procedures. Apart from.. Read More

Troubles with the grace period

The Patents Act was amended (in relatively controversial circumstances) to include a 12 month grace period (somewhat a la the USA) so that use or publication of the invention in the 12 months before the complete specification was filed could not be relied on to destroy validity: see s 24(1)(a) and reg.s 2.2(1A) and 2.3. Assume that a complete application for a standard patent was filed on 13 May 2005.  Then a complete.. Read More

Patent application searching

IP Australia and the US PTO have reached agreement to permit some international searching for US patent applications to be undertaken by IP Australia. According to IP Australia: The arrangement, which comes into effect on 1 November 2008, will allow applicants from the US to choose IP Australia to undertake the initial search and examination of their patent application under the Patent Cooperation Treaty (PCT). Applications that may not be.. Read More

Manner of manufacture

The hyper-driven David Brennan is also doing a free lunch time presentation at Allens Arthur Robs in Melbourne on 14 November. Registration and more details here (pdf). Attempt to patent the new (?) science of subronics here and check out Prof. Lemley’s take on the issue or bone up on the ACIP review via here.

In-house trade mark lawyer awards

The World Trademark Review has issued a call for nominations for its industry awards. The nominations are sought for in-house trade mark lawyers and departments. Further details here and last year’s awards here (pdf).  Have your say (nomination form) here.

the value of copyright: determining shadow prices

Ass. Prof. David Brennan and Dr Rhonda Smith will talk for IPRIA about how to determine a fair price for using IP where the IP owner can’t demonstrate any real harm. I think a situation like this is where an infringer makes sales of the infringing product, but the IP owner wouldn’t have made those sales and so didn’t “lose” anything. The talk if at Blake Dawson in the city.. Read More

Resale royalty right

On Saturday, the Age carried a story about the proposed resale royalty right. The details (yet to be implemented in legislation) are up here (pdf) and here (rtf): The scheme will start on 1 July 2009.  It will cover: resales of original works of visual art sold through the secondary art market where the seller has acquired the work after the legislation takes effect. It will not be restricted just to works created.. Read More

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