IPwars.com

Mainly intellectual property (IP) issues Down Under

ECJ’s first case on Registered Community Design

Case C-281/10 PepsiCo v Grupo Promer Mon Graphic The excellent Class 99 blog has a summary focusing on the concept of “informed user”. The IPkitties are typically loquacious. Lid dip: Ray Hind

Trade marks and survey evidence in Australia

Adidas is suing Pacific Brands, alleging that the latter’s use of 3 stripes on footwear infringes Adidas’ registered trade marks for the “3 Stripes” (the judgment doesn’t identify which trade marks or the Pacific Brands’ product(s) in question). Adidas gave notice under CM-13 (this is .doc download link, but the terms of the practice note are also set out in the judgment) that it intended to conduct a consumer survey. It would appear that what.. Read More

EU bans stem cell patents

The European Court of Justice has ruled that human embryonic stems cells are not patentable subject matter in the EU. Article 6 of the Biotechnology Directive, 98/44/EC, provides: 1. Inventions shall be considered unpatentable where their commercial exploitation would be contrary to ordre public or morality; however, exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation. 2. On the basis of paragraph 1, the.. Read More

Apple v Samsung

Belated link to Bennett J’s reasons for granting the interlocutory injunction against Samsung’s Galaxy Tab: Apple Inc. v Samsung Electronics Co. Limited [2011] FCA 1164 It has now been reported that Samsung has appealed, with Gerry Harvey in support. Samsung is also reported to be bringing claims of patent infringement against Australia and Japan, although the patents it is asserting in Australia are apparently counterparts to the ‘frand’ patents which a Dutch court.. Read More

Copyright safe harbour scheme review Mk 2

Last Friday, the Commonwealth Attorney-General released a Consultation Paper on ‘Revising the Scope of the Copyright Safe Harbour Scheme’. As reported then, there were two components to that review. Over the weekend, the second component – streamlining the notice and take down procedures – has been edited out of the revised version (pdf) (doc version via here). So now, the consultation paper just relates to re-defining “carriage service provider“. There’s a fact sheet on.. Read More

Copyright safe harbour scheme

Links to the Consulatation Paper on the Copyright safe harbour scheme for carriage service providers. Broadly, the safe harbour schemes provide some protection from some remedies for carriage service providers: Category A – acting as a conduit for internet activities by providing facilities for transmitting, routing or providing connections for copyright material Category B – caching through an automatic process Category C – storing copyright material on their systems or networks, and Category.. Read More

Apple gets interlocutory injunction against Samsung

Apple gets over the first hurdle.

The future (?) for booksellers

Remember all the fuss when the Minister (was reported to have) said all the bookshops (except those in the big cities) were going to close? (or something like that). It would appear that his comments may have arisen from a report by the Book Industry Study Group. The report is not public yet, but the 138 submissions are and so is the Market Analysis Research Report from PWC (pdf). There are lots of.. Read More

More plain packaging for tobacco products

Back in July, the Government introduced the Tobacco Plain Packaging Bill and related legislation. As you will recall it generated quite some controversy as it effectively bans the use of some types of trade marks and severely restricts the way others can be used. It has passed the House and, now that the Senate’s Legal and Constitutional Affairs committee has recommended the Trade Marks Amendment (Tobacco Plain Packaging) Bill be passed, is due to return.. Read More

Australia signed up to ACTA

Last Saturday, while half of us were trying not to watch Meat Loaf earn a reported $500,ooo (here, here or here) or tweeting, the Minister for Trade travelled to Japan to sign ACTA (the Department’s home page currently has a photograph of the actual signing). According to the Minister’s Press Release: The implementation of ACTA will not require legislative changes in Australia. Rather, trading partners will adapt their laws to the high standards of.. Read More