ACIP has published an Options Paper in connection with its review of “patentable subject matter”. Press release here. Options Paper here. The options under consideration are too far reaching for a “sound bite”. For example (from the Press Release) “The test for patentable subject matter in Australia is linked to legislation introduced in England in 1623 so it really does need addressing within the context of modern research and business,” “The test for.. Read More
Selected microblog posts from the past week: RT @VogeleLaw: Found: Mary Beth Peter’s testimony (via @cathygellis – thanks!) http://bit.ly/Cijau #gbs_hearing [US Copyright Register opposes Google Book Settlement] Google Book in the EU? http://ff.im/-7OYfA RT @MegLG: A Billion Dollar Test of the DMCA Safe Harbors in Viacom v YouTube http://ow.ly/om66 via Cyberlaw Cases RT @michaelgeist: Microsoft wins stay of injunction on Word. Case arises from patent claim by Toronto’s i4i.http://bit.ly/oDmLU IP Think Tank Blog looks at i4i v.. Read More
Julian Lee, in the Age yesterday, reported on the concerns of “marketers” about how hard Australian regulators are making it to register a shape as a trade mark, in the wake of: last month’s ruling by Sundberg J against Guylian’s sea-horse shaped chocolate; and the commencement of Nestle’s appeal against Aldi’s successful opposition to registration of the shape of a Kit Kat bar as a trade mark (BDW discussed the decision here, but.. Read More
IPRIA has organised a seminar in Melbourne on 15 September and Sydney on 16 September to discuss whether freeing parallel imports will make books cheaper. Speakers include both Prof. Fels, who started it all, and Dr Rhonda Smith. Details from here. Has anyone established how far the prices of CDs and computer software fell once the markets for those products became open?
This week’s Victorian Reports publish a 2007 decision in which the Court of Appeal (Dodds-Streeton JA, Ashley and Cavanough JJA agreeing) exhaustively reviewed the relatively limited circumstances in which equitable damages will be awarded in place of an injunction. Now, the Court of Appeal was dealing with a question of trespass to land but, having regard to the House of Lords’ remarks in Fisher v Brooker, may be worth bearing in mind in.. Read More
The Full Court (Lindgren, Finn and Bennett JJ) have dismissed the University’s appeal against the trial judge’s (the then French J) findings that the University did not own the targeted microsphere technology inventions Professor Gray made (partly) while a professor at the Uni. The full 380 paragraphs – University of Western Australia v Gray  FCAFC 116 Lid dip @pofip