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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]