Mainly intellectual property (IP) issues Down Under

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 be at all surprised if he didn’t spend a fair bit of time on the.. Read More

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 of inventions taking into account the restricted timeframe to file for intellectual property rights and.. Read More

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 and the like. The Registrar found that it was no part of his duties to.. Read More

Patents: IP Litigation in the Pharma Industry talk and Patenting by Entrepreneurs survey

Prof. Joel Bernstein from UWA and Ben Gurion University and Todd Shand, a partner at Wrays, will be giving a free seminar for IPRIA, IPTA and Knowledge Commercialisation Australia on: The Importance of Patents: IP Litigation in the Pharmaceutical Industry in Adelaide on 4 August Melbourne on 5 August Sydney on 6 August. Flyer here; online registration here. Not specifically pharma related, but Professor Robert Merges and Pamela Samuelson have.. Read More

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, this case does not involve allegations of misuse of market power relating to a patented.. Read More

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 pay-walls and the like expose, website owners can “block” Google/Bing’s spiders and linking if they.. Read More

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 and national courts in order to acquire or preserve supplementary protections certificates for omeprazole to.. Read More

“Whiskas” purple

Bennett J has allowed Mars to proceed to register its “Whiskas purple” colour as a trade mark for pet food, following Nestlé’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 Pty Ltd) v Société des Produits Nestlé SA [2010] FCA 639 (with nice colour trade.. Read More

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 on the satellite, however, Australia or large parts of mainland Australia fell within the transmission.. Read More