Mainly intellectual property (IP) issues Down Under

Embedding rights management information in photos

Are your clients posting their photographs on the web? If so, how are they making sure that their “rights management information” (or at least their attribution) stays with their photograph? Jonathan Bailey discusses some ways to embed the information in the photograph when it is taken at Plagiarism Today.

Use of Software and those computer defences again

You’ll recall that SAG licensed its database software to RWWA. RWWA engaged KAZ to provide disaster recovery services and installed a copy of the software on KAZ’ off-site servers. Meckerracher J dismissed SAG’s claim that this was unlicensed and therefore infringement of its copyright. (link via my attempt to summarise here). The Full Court has substantially dismissed the appeal, but found the judge was wrong to the extent his Honour.. Read More

Bushfires and IP Australia

IP Australia has a policy if you have missed, or are about to miss, a deadline because of The Bushfires. (Un)Official Notice – at the time of writing (it may be fixed by the time you’re reading) the link to the Official Notices doesn’t take you to anything specific.

Crown use

No, it’s not the long awaited response to the CLRC’s report; instead, IP Australia and the Attorney-General’s Department have published an information sheet about Crown Use of intellectual property (in Australia). As you will already know all about this, it could be a useful starter for your clients. Read the glossy (pdf) here.

Beery barefeet on appeal

Curiouser and Curiouser! The Full Court has affirmed the trial judge’s finding that Gallo’s registration of the trade mark BAREFOOT for wine should be removed for non-use. However, the Full Court has overturned his Honour’s finding that Lion Nathan’s use of Barefoot Radler for beer did not infringe that registration (before it was removed). Consequently, the Full Court has found that Lion Nathan did infringe the registration up until the.. Read More

A tool bar for detecting hosts etc.

If you are trying to work out who is hosting a website and where it is being hosted, you might be interested in this discussion of the Netcraft toolbar. Note: this is only for those using Firefox or Internet Explorer. Use at your own risk!

Pirated software at work

Over at Slashdot you will find some thoughtful (and practical) suggestions about what to do (from the in-house IT guy’s perspective) if you (or your client) finds pirated software at work – be warned, you have to scroll through the usual behind the shelter shed contributions. Lid dip: Marty

Adwords and Keywords

Prof. Gans over at CoreEcon takes issue with Eric Clemons’ paper in which Prof. Clemons appears to be arguing that Google’s business model – using sponsored links and paid advertising triggered by keywords and the like – is based on misdirection. Now, if Prof. Clemons were right, that could be a reason for contending that the use of trade marks in keywords etc. is (at least) misleading or deceptive conduct… Read More

Free trade Dream Time

Australia has entered into Free Trade Agreements (1) with NZ and ASEAN and (2) with Chile. ASEAN as a bloc is apparently our largest trading partner. Chapter 13 deals with Intellectual Property. Various fact sheets, e.g. Pharmaceuticals, deal with our exports or imports thereto. Minister Crean’s press releases here and here. AANZFTA here and chapter 13 here; Australian guide with links to all sorts of things. Trade overview. The words.. Read More

Trying to appeal a finding that you copied

(and therefore infringed???) is very hard: Carlisle lost its appeal against the finding that it infringed Barrett Property Group’s copyright int eh Seattle and Memphis – the second of the alfresco cases. 51 In our opinion, the appellant’s submissions must fail. 52 The context in which the appellant’s submissions must be considered is an appropriate starting point. Two points are important. First, it is not suggested by the appellant that.. Read More

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