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.
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 question after the Government’s plans were known and so hasn’t lost any value: Prof. Davison has a typically.. Read More
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 1984 in California although in time its business expanded and in 1994 it went on line. Eventually, its.. Read More
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 over the “airways” by the commercial radio stations is covered by licence agreements with PPCA. When the radio.. Read More
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 is determined to get the balance right between providing incentives for creators and innovators and encouraging new opportunities.. Read More
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 time mean that I can only provide a very brief synopsis at this stage: however, his Honour has.. Read More