New DMCA exemptions

The Librarian of Congress has announced 6 new categories of exemption from the prohibitions under US law against circumventing DRM mechanisms (what we call TPM and ERMI). The (Australian) Copyright Council has a nice bullet point summary. Jonathon Bailey, at Plagiarism Today, looks at the politics and the ramifications from a practical perspective. I wouldn’t […]

A new approach to business method patents Down Under?

Patent Baristas has a guest post from Bill Bennett at Pizzeys on the Deputy Commissioner’s rejection of a patent application for (as described by the Deputy Commissioner): “a method for commercialising inventions that includes the step of applying for patent protection. The specification indicates that the method is intended to facilitate the uptake of commercialisation […]

Entitlement to a design

The Federal Court, Spender J, has allowed Courier Pete’s appeal from the Registrar’s ruling that, while Courier Pete owned ARD 310528, ARD 312217 and 312218 were owned by Metroll. Section 13 of the Designs Act 2003 prescribes who is entitled to a design. Collymore was employed by Metroll as its factory foreman making water tanks […]

Class actions and antitrust

Following on from the post earlier this week about the findings that AstraZeneca had misused its market power in the EU over Losec, the Full Federal Court in Australia (Moore, Jessup and Dodds-Streeton JJ) has largely upheld an appeal against the primary Judge’s decision to strike out a Statement of Claim. Unlike the AstraZeneca case, […]

Who owns the news?

For those who didn’t make it to last week’s IPRIA / CMCL /MBS Cite seminar, the organisers have helpfully posted the videos and some of the slides. Of course, from a purely legalistic point of view, the copyright owner owns at least his/her/its “expression” of the news and, as the various attempts to set up […]

Misusing a patentee’s market power

The Court of General Instance (formerly (?) the EU’s CFI) has upheld the European Commission’s ruling that AstraZeneca abused its dominant position in the market by practices designed to block or delay generic drugs competing with Losec from entering the market. The abusive practices were: submitting deliberately misleading statements to patent agents, national patent offices […]

“Whiskas” purple

Bennett J has allowed Mars to proceed to register its “Whiskas purple” colour as a trade mark for pet food, following NestlĂ©’s withdrawal of its opposition. Nicholas Weston has a helpful summary; note Mars’ deliberate emphasis of the colour as a trade mark. Some Whiskas in the “wild“. Mars Australia Pty Ltd (formerly Effem Foods […]

Satellite broadcast and trade mark use

In a further round of the Food Channel / Network war, Greenwood J has accepted that the inclusion of the trade mark on programming broadcast by ABC Asia Pacific is use of the trade mark in Australia. ABC Asia Pacific is primarily intended to transmit ABC programming into countries in the Asia Pacific region. Depending […]