Mainly intellectual property (IP) issues Down Under

Not complying with an injunction

IP disputes often involve the (alleged) infringer providing undertakings or being subjected to injunctions to stop infringing the IP in the future. The sanction for non-compliance being (potentially) contempt of court. The long running Deckers litigation has now reached the point where Tracey J has found a number of the respondents in contempt of court for breaching undertakings and injunctions from litigation in 2003, 2004 and 2007. His Honour’s reasons.. Read More

Draft ACTA text released

DFAT ‘welcomes‘ the release of the draft ACTA text: http://www.dfat.gov.au/trade/acta/index.html Draft text (pdf) (Post updated to tidy up the links on 29/4)

TRIPs protocol: Australian implementation consultation

IP Australia has issued a consultation paper on implementing the TRIPS protocol. The TRIPS protocol is the modification (or is that clarification?) of TRIPS obligations to improve the availability of “crisis” pharmaceuticals in least developed and developing countries. From the discussion paper: The TRIPS Protocol seeks to address this problem by amending the TRIPS Agreement to permit WTO members to issue compulsory licences to produce patented pharmaceutical products for export.. Read More

Plant breeder’s rights in the EU

The European Court of Justice has dismissed Ralf Schräder’s appeal from the rejection of its registration for plant breeder’s rights in plectranthus ornatus. It would seem after detailed genetic testing, including travel to South Africa, the EU regulatory authorities have determined the variety the subject of the application is not distinct from a common South African plant. IPKat has a good overview, with links to earlier stages in the dispute,.. Read More

High Court allows appeal in Health World

The High Court has unanimously allowed Health World’s appeal from the Federal Court’s ruling that it was not an “aggrieved person” and so had no standing to seek rectification of Shin Sun’s HEALTHPLUS trade mark. Shin Sun had registered HEALTH PLUS for pharmaceutical products including vitamins and dietary supplements in class 5; and Health World was using INNER HEALTH PLUS for the same type of goods and had successfully registered.. Read More

Resale royalty right in the EU

In a dispute over which of Salvador Dali’s heirs is entitled to the benefits of the Community Resale Royalty, the ECJ has ruled that this is a matter for national law. The 1709 blog has a short report here; IPKat waxes lyrical here. Case C?518/08, Fundación Gala-Salvador Dalí and Visual Entidad de Gestión de Artistas Plásticos (VEGAP) v Société des auteurs dans les arts graphiques et plastiques (ADAGP) CAL was.. Read More

Who can enforce a release

Global Brands is still suing YD Pty Ltd. The trial on quantum for infringement of registered design was almost due to start when YD applied to amend. After YD admitted it had infringed Global Brands’ registered design, YD discovered, over 9 months earlier, that Global Brands had entered into a settlement agreement with Pegasus/Coastal relating to Global Brands allegations that Pegasus/Coastal had infringed the same registered design. The settlement agreement.. Read More

300 years ago, today

copyright came into being – the Statute of Anne commenced – See for yourself. Of course, in 1710, Great Britain still operated on the Julian Calendar (the Gregorian calendar not being adopted until September 1752) 10 April 1710 in the Julian calendar would have been 21 April 1710 in the Gregorian calendar (using this calculator, or for those of you who remember fondly things like RPN, try here). So, it.. Read More