dot “brand” TLDs

ICANN is looking at introducing new top level domains where, instead of .com or .net, it would be .[brand] e.g., .sony (of course, I have no idea whether or not Sony would be thinking of such a TLD). Marty Schwimmer looks at some of the things a brand owner who wished to have their own […]

DFAT ACTA consultations

DFAT (the Department of Foreign Affairs and Trade) will be holding “whole of government” consultations on the draft ACTA text on 11 June 2010 in Canberra, commencing at 10.00a.m. If you’re a stakeholder wanting to be consulted, register by COB 9 June. For the contact “co-ordinates”, here. For the draft ACTA text and other interesting […]

Urgent interlocutory and declaratory relief

Many IP agreements contain a clause referring disputes about the subject matter to mediation and/or arbitration instead of reliance on court action. There is often, however, an exception permitting court action¬†in the case of “urgent interlocutory and declaratory relief”. So, when one party to the agreement rushes off to Court to enforce some position instead […]

What happens when an opponent stops opposing

Delnorth had successfully opposed the grant of a standard patent to Dura-post for the latter’s flexible roadside posts (Patent App. No. ) on the grounds that it lacked inventive step. Dura-post appealed to the Federal Court. Delnorth decided not to continue with its opposition on appeal. (By this time, it had already lost this one […]

How much to pay for a music download?

The Canadian Federal Court of Appeal has ruled that no royalty is payable for downloads (should that be “streaming”?) of those 30 second previews of music. Apparently, it falls with the fair dealing provisions for “research”. The “1709″ blog has the story. Meanwhile, last year, the Australian Copyright Tribunal accepted that music download services such […]

Fee surcharge for more than 20 claims

Patent Baristas look at rule changes introduced by IP Australia to stop patent applicants ¬†circumventing the $100 surcharge for each claim in a patent in excess of 20 claims. Read on here with links to IP Australia’s announcement. Apparently, IP Australia plans that the new arrangements come into force on 1 August 2010. Wonder whether […]

High Court allows appeal in Barefoot case

E & J Gallo owns TM No 787765, BAREFOOT, for “wines” in class 33. It had acquired ownership of the trade mark by assignment in 2005 from a Mr Houlihan. Lion Nathan introduced a new beer into Australia under the trade mark BAREFOOT RADLER (with a barefoot device): The Full Federal Court found that Lion’s […]

Recorded music royalties at the gym

The Copyright Tribunal has ordered a very significant increase in the licence fees payable by fitness clubs for the use of recorded music. At this stage, there seems to be press reports only: The old fee was 96.8c per person attending the class, capped at $2654 per year. The new fee will be $15 per […]

Tobacco and trade marks seminar

IPRIA is hosting a seminar on the Commonwealth Government’s announced intention to ban the use of artwork and logos on cigarette packaging. Speakers: Prof. Mark Davison Prof. John Freebairn, a professor of economics at Melbourne Uni Ass. Prof. Angela Paladino, who teaches in Marketing at Melbourne Uni (and is a recipient of over $2M in […]

Inventive step standard

Tom Cordiner (from the Victorian Bar and a registered patent attorney) and Beth Webster (from IPRIA) are giving a seminar for IPRIA and IPTA on Raising the Inventive Step: A Look at the Issues: Brisbane on 18 May 2010 Sydney on 19 May 2010 Melbourne on 21 May 2010 The seminars are free and if […]