On 28 February, the Minister directed ACIP to report on the innovation patent system. On 17 August, ACIP published an issues paper (pdf) and now seeks your comments by 14 October 2011. According to the announcement of the issue paper’s release: In recent years a variety of concerns have been raised about the innovation patent system and whether it is meeting its original objectives. A key concern is that an innovation patent is overly.. Read More
The Senate has referred the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 to the Legal and Constitutional Affairs committee. This bill would give the Government power to “fix” gaps in the Tobacco (Plain Packaging) Bill by simply making regulations. The House of Representatives Health and Ageing committee has recommended the bill be passed. The Committee is due to report by 2 September with the Committee’s report due by 19 September.
In a report tabled today (pdf), the House of Representatives’ Health and Ageing committee has recommended that the House pass the tobacco plain packaging legislation. The Committee noted the submissions about possible breaches of TRIPS, the Paris Convention, the Constitution etc. and said at [1.63]: While the Committee recognises that there are … complex legal issues relating intellectual property and trade marks, it considers these issues to be beyond the purview of a Committee.. Read More
It’s that time of the year again: Giving the 2011 Copyright Update at the RACV Club for IPSANZ on Wednesday 24 August at 1.00pm. Lunch starts from 12.15. Apparently the venue has moved to the 17th floor. $55 for IPSANZ members, $70 for non-members. If you haven’t registered, you will need to contact email@example.com.
Would you mistake this: for this: If not, you’re too sophisticated. The Full Court (Greenwood and Tracey JJ, Buchanan J dissenting) has upheld Bodum’s appeal from Middleton J’s finding that the Euroline product was not likely to misrepresent an association with Bodum or its Chambord coffee plunger. Now, due to my involvement in the other case (which was not appealed), I cannot say much about this. I will draw your attention to Greenwood.. Read More
At (Foss Patents‘) last count, the war between Apple and Samsung now ranges across 4 continents and 11 different courts in 9 countries. (For the start of the war, start here.) As of yesterday, one of those countries is Australia where, on Apple’s application for an interlocutory injunction, in return for an undertaking as to damages Samsung gave undertakings: Until the determination of this proceeding or further order of the Court, the respondents.. Read More
Mitre 10 has been refused an interlocutory injunction to stop “Masters” using a blue, white and grey get-up for a hardware store. Macaulay J was not persuaded there was a serious question to be tried and, even if there were, the damage to “Masters” resulting from an injunction far outweighed the damage to Mitre 10’s goodwill if no injunction were granted. His Honour itemised a number of reasons why the claim did not.. Read More