IPwars.com

Mainly intellectual property (IP) issues Down Under

Blacklisted!

I’m having a little bit of a problem accessing IPwars from Chambers at the moment. It would appear in their wisdom the administrators of vicbar.com.au have blocked access to it! Pity about all the nightlife enhancement and/or Kenyan investment opportunities their spam filter sends to me. Oh well. I’ve been cybersquatted so I guess I shouldn’t complain about yet another part of the full cyberspace experience. My apologies. It’s also affecting my email.. Read More

Assigning copyright and material breach reversions

The author’s of “songs” assigned their respective copyrights to Rive Droite with the latter having an obligation to pay royalties. The assignments included a clause providing that, if Rive Droite remained in material breach for x days after notice, the copyright reverted to the assignor. There was also one of those nice clauses that defined the assignee to include its successors and assigns. Rive Droite assigned the copyright to Crosstown. Disputes arose, however, about.. Read More

Google’s sale of keywords could be trade mark use

Well, strictly speaking, the 2nd Circuit in the USA has held that Google’s sale of keywords may be use in commerce. Rescuecom had sued Google for trademark infringement by selling advertisements (sponsored links) triggered by Rescuecom’s trademark. The District Court had dismissed the claim on the grounds that Google’s conduct was not use in commerce. So now it goes back to the District Court. Of course, Google’s conduct, if were done in Australia.. Read More

ACTA

The USTR has released a 6 page (pdf) outline of issues being dealt with under the proposed ACTA. Link via Intellectual Property Watch. The IP Dragon has links to a 48 page document with rather more information. More tea leaf sifting here.

Domain names and regulatory requirements

If the (US) FDA requires you to include information about the risks of using your drug and Google’s AdSense has a 95 character limit, what do you do? Prof. Manara explores how companies, particularly pharmaceutical companies, are using domain names to ensure that their online presence doesn’t contravene regulatory requirements such as FDA requirements to include information about risks in materials advertising drugs.

IP forum

IP Australia is hosting a half day seminar on  The Economic Climate and its impact on innovation in Australia in Melbourne on Wednesday 6 May 2009 (rsvp by 29 April). Speakers include (?): Leon Allen, President, IPTA Mathew O’Keefe, President of Australia’s manufacturing association AMPICTA and also employed by Fosters  Philip Noonan, Director General, IP Australia Details via here.

IceTV Second Look

IceTV publishes an electronic tv program guide or schedule. The ABC and SBS provide their program schedules, but the commercial free-to-air networks refused. Mr Rilet sat down and watched 3 weeks of Channel 9 programming, writing down the time and title of each program. He then made up a program schedule ‘predicting over’ what would be broadcast. As the broadcast date neared, however, IceTV employees checked up to 3 other program guides and.. Read More

Blogger (Google) and the DMCA

Plagiarism Today considers Google’s new Blogger contact form for DMCA notfications here.

A new law of copyright Down Under?

The High Court has unanimously allowed the appeal in IceTV. IceTV did not reproduce a substantial part of Nine’s copyright in its program guides by reproducing the time and title information from those guides. At least that means people in Australia will be able to use PVRs without the shackles imposed by the TV networks. IceTV Pty Ltd v Nine Network Australia Pty Ltd [2009] HCA 14 (lid dip Joshua Gans via Twitter).. Read More

Pirate Bay fined and imprisoned (appeal pending)

Nic Suzor has a nice summary of the brouhaha here. Duncan Bucknell and the Inquisitr (lid dip Denise Howell on twitter) wonder about the ramifications for Google, MSN, Yahoo etc. The IPKat recommends Andrew Logie on what should be done now. Andrew Logie’s point: The reason people use TPB is that you can get content fast, free and with hardly any effort. Take ABC’s popular series ‘Lost’. If you lived in the US.. Read More