The Raising the Bar bill comes alive

News from IP Australia that the Senate finally passed the Intellectual Property Laws Amendment (Raising the Bar) Bill without further amendment. It is now expected to be passed by the House of Representatives in the “autumn” sittings. Some earlier posts here, here, here and here. IP Australia’s summary. The EM.

Another round in the plain packaging tobacco war

This is a bit behind as it happened over the break: The “tobacco plain packaging” legislation became law last December and, as you will recall, Philip Morris Asia has initiated an arbitration proceeding under the Australia-Hong Kong Investment Treaty. Australia filed its “defence” late in December, alleging that Philip Morris Asia bought the assets in […]

Registering a trade mark in bad faith

Dodds-Streeton J has handed down what appears to be the first detailed judicial consideration in Australia of what constitutes making an application for a trade mark in bad faith contrary to s 62A. Sports Warehouse Inc. and Fry both sell tennis products online using trade marks based on TENNIS WAREHOUSE. Sports Warehouse started first, in […]

Simulcasting radio broadcasts over the internet

Foster J has ruled that radio stations do not have to pay an additional licence fee to the record companies for simultaneously transmitting their radio broadcasts over the internet. If you want to understand how recorded music is licensed to the radio stations, this is a good place to start. The broadcasting of recorded music […]

ALRC to get new copyright reference

The Commonwealth Attorney General has announced the appointment of Prof. Jill McKeough to lead a review by the Australian Law Reform Commission into the operation of copyright in the digital environment. Prof. McKeough is Dean of the University of Technology Sydney and a well known IP luminary. According to the Press Release: “The Gillard Government […]

Optus wins first round of Optus TV Now!

At first instance, Rares J has ruled that Optus’ TV Now service does not infringe the copyright in broadcasts of the AFL or the NRL (its the first round only as, by agreement, leave to appeal to the Full Court was given to whichever party lost before the decision was handed down). The pressures of […]