IPRIA and CMCL at Melbourne Uni. are holding a half-day forum on 18 March on: iiNet Larrikin (Down Under) Telstra v PDC Speakers are: David Brennan, Melbourne Law School Melissa de Zwart, University of South Australia David Lindsay, Monash University Beth Webster, Intellectual Property Research Institute of Australia Philip Williams, Frontier Economics Details and registration here.
Gordon J, sitting at first instance, has ruled that copyright does not subsist in Telstra’s White Pages directories or Yellow Pages directories confirming the revolution wrought by IceTV. There are 347 paragraphs and time does not permit careful analysis at this stage. According to the summary in : For the reasons that follow, copyright does not subsist in any Work. None is an original literary work. By way of summary: among the many.. Read More
The pilot project being run be QUT, with support from New York University Law School and IP Australia is nearing the end of its first phase: there are a number of applications open for review until 9 March 2010. According to IP Australia The pilot has made a successful start, following its launch in December 2009. The community of reviewers has identified 27 prior art references and contributed 57 comments in the first.. Read More
The Attorney-General has announced that Justice Pat Keane will become the new Chief Justice of the Federal Court on the statutory retirement on 21 March of Chief JusticeMichael Black. Justice Keane is currently a Justice of Appeal in Queensland and will become the third Chief Justice. Announcement here. Lid dip: Peter Clarke
The Federal Court, Middleton J, has rejected Bodum’s allegations that the sale of the Baccarat Venice coffee plunger and Euroline’s Classic coffee plunger passed off Bodum’s Chambord coffee plunger or was otherwise misleading or deceptive; or Baccarat’s Devon teapot passed off Bodum’s Assam Tea Press or was otherwise misleading or deceptive. Playcorp Group of Companies Pty Ltd v Peter Bodum A/S  FCA 23 The judgment includes depictions of the products and their.. Read More
While on the subject of Mars and darkened conference rooms, Men at Work have been found to infringe Larrikin’s copyright in Kookaburra Sits on the Old Gum Tree. It would seem (from newspaper reports) that 2 bars were a substantial part – shades of the old Colonel Bogey newsreel case. The video on the Age’s website has the clips of every kid’s favourite folk song and that flute riff. Richard Acland highlights the.. Read More
In case you have been on Mars, or locked in a conference room writing submissions, you have probably heard that the Federal Court has rejected the music industry’s attempt to impose liability on iiNet, and ISP, for copyright infringement by authorising the infringing activities of users of its network. Roadshow Films Pty Ltd v iiNet Limited (No. 3)  FCA 24 (636 para judgment) here. Since I will find myself still locked in.. Read More
ACIP has published its final report into the Enforcement of plant breeder’s rights in Australia. The report is here (pdf) – be warned 138pp, Exec Summary is 10pp. Some recommendations: Recommendation 1. A new “purchase” right be added to s.11. This new right would only apply to those taxa that are specifically declared in the regulations. Industry sectors such as wheat breeders would apply to the PBR Office to have particular taxa so declared… Read More