Mainly intellectual property (IP) issues Down Under

Summer daze

IPwars has headed off for the summer sun. Thank you for reading during the year, I hope you found something interesting and informative. In the meantime, I wish you the compliments of the season and hope to see you again in the New Year (hopefully after Australia day celebrations).

The fee for using music in gyms

Back in May, the Copyright Tribunal bumped up the fee payable for using recorded music in gym classes to $15 a class or $1 per attendee. The Full Court has an allowed an “appeal” from that decision on the grounds of denial of natural justice. In setting the rate, the Tribunal had rejected the market survey relied on by the applicants, but had used the ‘rough and ready’ “pilot”. When.. Read More

A different take on originality (to IceTV and its progeny?)

(Apparently) unlike its Australian counterpart, the High Court in England has reportedly found copyright in newspaper headlines (here and here). In a variation on the theme, the Court of Appeal has referred a number of questions to the Court of Justice relating to the originality of football fixtures, so may be some definitiveness and uniformity (at least in Europe) will emerge in due course.

Gene patents

The Commonwealth Senate’s Community Affairs committee tabled its report into the patenting of genes towards the end of last month. After commenting on the still continuing cases (in both the USA and here), the Committee noted: The Committee will continue to monitor these important international and national legal developments, and notes that these cases may bring greater clarity to the application of the invention-discovery distinction to isolated genetic materials. As.. Read More