Convergence Review

The Commonwealth Government has released the Final Report of the Convergence Review (pdf). While initially there were some indications that this review might relate to intellectual property issues, especially copyright, the Final Report focuses on the areas of regulation traditionally covered by labels like “broadcasting”, telecommunications, “spectrum allocation”, “media ownership” and “local content” requirements. The […]

Optus TV Now (no more)

The Full Court (Finn, Emmett and Bennett JJ) has unanimously allowed the appeal from Rares J’s finding that Optus TV Now did not infringe the copyright held by the AFL, the NRL and Telstra in broadcasts (or films) of the footy. Based on the summary, the Full Court has found that Optus either made the […]

Roadshow v iiNet

The High Court has unanimously dismissed Roadshow’s appeal in the case against iiNet. On a first look, there are some references suggesting that our law is being brought back in line with the UK (CBS v Amstrad) and Canada (CCH Canada v Law Society of Upper Canada). Consideration will have to await further review. Although […]

Raising the Bar Act

Apparently, the Governor-General signed the Royal Assent to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 on 15 April 2012. According to IP Australia, most of the amendments will not come into force until 15 April 2013, but the exceptions to patent infringement for (1) regulatory use or (2) experimental use are now […]

Does anyone think Google is advertising the sponsored links?

The Full Federal Court in Australia does. The ACCC has successfully appealed the Google Adwords case for misleading and deceptive conduct. So, for example, Alpha Dog Trainging has been operating a dogtraining business for 12 years. Dog Training Australia (Ausdog) bought ads on the keywords Alpha Dog Training through Google’s Adwords program. One ad generated […]

Acohs v Ucorp or the limits of implied licences

The Full Federal Court (Jacobson, Nicholas and Yates JJ) has largely upheld Jessup J’s ruling, but with a noteworthy limitation on the scope of implied licences. Acohs and Ucorp both provide in competition with each other Material Safety Data Sheets (MSDSs) which are required by law to identify the properties, uses and hazards of dangerous […]