Mainly intellectual property (IP) issues Down Under

Philip Noonan live interview

From Peter Ollie at Managing IP: Managing IP magazine’s Asia editor Peter Ollier will be conducting a live online interview with IP Australia director general Philip Noonan on Friday March 6 at 4pm Australian Eastern Standard Time. The one-hour interview will cover topics such as the recommendations in Terry Cutler’s venturousaustralia report, innovative step and inventive step in Australia’s patent law, the controversial Anti Counterfeiting Trade Agreement and the impact of the credit crunch.. Read More

Irish ISP and 3 strikes

IPKat reports that the case in Eire in which the record companies sued the ISP, Eirecom, has settled after 8 days of the scheduled 4 weeks of trial. Amongst other details, the ISP adopted a 3 strikes policy and the record companies deployed a service to monitor (entrap?) file”sharers”. Read more here. Some other background and 3 other strikes here, here, here and here.

Resale royalty bill

The House Committee report into this bill has now been published. Background and potted summary here and here. There are 9 principal recommendations including introduction of an “opt out” clause for artists, broadening of the scope of artwork covered to include “batik, weaving, or other forms of fine art textiles; installations; fine art jewellery; artist’s books; carvings; and multimedia artworks, digital and video art”; broadening of the scope of clause 8(3)(d) of the Bill be to reflect the.. Read More

IP Professionals Forum

IP Austraia is seeking applications from registered patent attorneys and/or trade mark attorneys for appointment to its IP Professionals Forum. According to the blurb, the IP Professionals Forum: The IP Professionals Forum is the principal forum for consultation, discussion and information exchange on IP matters that relate to IP professionals. Meetings will allow for high-level discussion on IP policy, IP management, innovation and the broader IP environment, both in Australia.. Read More

Patent and Trade Mark oppositions

Tech IP is hosting 2 seminars in both Melbourne and Sydney: one on each of the above topics. Speakers include: Dr Stephen Barker (from IP Australia) and Ben Fitzpatrick on patents Michael Arblaster and Siobhan Ryan on trade marks. Dates: 10/12 March for patents and 17/19 March for trade marks. Fee = $528 (although I’m not sure if that is per seminar). Details here.

That Obama poster

Hyperlinking off the reference to the new President, you’ve no doubt heard about the copyright infringement allegations Shepard Fairey‘s Obama poster apparently based on an Associated Press photograph has generated. Nic Suzor thinks this is unfair and shows why we need a broadly based “fair use” defence or a transformative use defence. Now, this is a very important problem and I personally don’t have a problem with a broadly based “fair.. Read More

Reading aloud (talking book) infringes?

Amazon’s new e-book reader, the Kindle 2, is sending the internet’s electrons into a tizz: apparently, once you load an electronic book into it, you can select a text to speech function which reads the book out loud to you. The Authors’ Guild claims this is an exercise of the “derivative right” or something under US law; not covered by the publishing agreement and so an infringement. Better analysis here.. Read More

Ambush Marketing DownUnder

The Government has published Frontier Economics’ review of the ambush marketing legislation provided by the Olympic Insignia Protection Act 1987 (Cth) and the Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Act 2005 (Cth) (the AML). According to the Executive Summary, key points include: The Review is of the opinion that the AML has provided tangible benefits to the organisers, and that these have a direct (although difficult to quantify) bearing on their ability.. Read More

ALAI and the Tercentenary of Copyright

ALAI’s 2009 (biennial) congress takes place in London in June this year, to commemorate the 300th anniversary of the Statute of Anne (that shouldn’t stop you also letting off fireworks on 10 April 2010). Details here. Unfortunately, we in Australia no longer have a national group; but it is still possible to be an individual member or just go to the conferences etc.


Sorry about the break in transmission – some glitch in a database somewhere meant that only files up to 13 August were showing up. Thanks to Jacques, everything seems to be back on an even keel now.