Mainly intellectual property (IP) issues Down Under

No damage for infringing copyright in questionnaire

Besanko J has awarded Insight SRC $32,510.00 for the infringements of its copyright in the School Organisational Health Questionnaire by the Australian Council for Educational Reseaarch (ACER). The award consisted of $10 nominal damages and $32,500 by way of additional damages. There are some interesting points about ownership, assignment and damages. The questionnaire consisted of 57 questions arranged under 12 headings or modules. ACER reproduced some 25 of these questions.. Read More

Trying to sue an (alleged) overseas infringer

Bennett J has refused Servier’s attempt to join several Apotex entities located outside Australia in its infringement action against the Apotex Australian arm. Servier is the patentee of Australian patent No 2003200700 for the arginine salt of perindopril (perindopril arginine). Apotex Pty Ltd obtained listing with the Therapeutic Goods Administration (TGA) for a generic version of perindopril arginine. It commenced proceedings under s 138 of the Patents Act to revoke Servier’s patent. Servier.. Read More

ALRC’s Copyright and Digital Economy Issues Paper

The ALRC has published an Issues Paper for its inquiry into Copyright and the Digital Economy. In an attempt to provide some structure to the anticipated submissions, the Issues Paper propounds some 55 questions over a range of topics including: should (maybe that should include “can”) Australia adopt a “fair use” exception (questions 52 – 53) – an earlier assessment by the CLRC (pdf – see p.7 for the recommendations);.. Read More

Intellectual Property Laws Amendment Bill 2012 – exposure draft

IP Australia has released for public comment an exposure draft of the proposed Intellectual Property Laws Amendment Bill 2012. The Bill has 2 purposes: to amend the Patents Act 1990 in light of the DOHA Declaration / TRIPS Protocol; and to confer original jurisdiction in matters arising under the Plant Breeder’s Rights Act 1994 on the Federal Magistrates Court in addition to the Federal Court’s existing jurisdiction. DOHA Declaration[1] /.. Read More

Tobacco plain packaging

Quote from the High Court: At least a majority of the Court is of the opinion that the Act is not contrary to s 51(xxxi). Reasons (which may explain that rather cryptic quantity) to follow later. So, by 1 December 2012, all retail cigarette packs in Australia will look something like this. – the colour is officially described as Pantone 448C. Tobacco Plain Packaging Act 2011 Tobacco Plain Packaging Regulations.. Read More

Ambush marketing or how did …

… Darth Vader get past LOCOG security? Watch (Really starts after 00:23 and watch the crowd at 01:00 and 2:00.) Lid dip: James McDougall

Mediaquest v Registrar

It turns out that the Registrar does have power to undo an assignment of a registered trade mark that has been registered wrongly. A Mr Brailsford was the registered owner of the Peel Away trade mark for paint stripping preparations, TM No. 741047. He died in 2008. On 23 Setember 2010, trade mark attorney McInnes filed an application to register an assignment of the trade mark to Mediaquest. On 8.. Read More

Apotex v Sanofi: the (un)implied licence

In addition to finding Sanofi’s patent infringed, the Full Court affirmed Jagot J’s conclusion that Apotex had no implied licence to reproduce the copyright in Sanofi’s product information documents (PID). Before a (medicinal) drug can be offered for sale in Australia, it must be registered in the Australian Register of Therapeutic Goods by the Therapeutic Goods Administration. One of the requirements for registration is the submission of a PID, describing.. Read More

The Chief Justice’s address

A video of Chief Justice French’s 4th Annual Francis Gurry address A Public Law Perspective on Intellectual Property Law is now online.

TPM exceptions review

Following my post on the ALRC’s reference re exceptions in the digital environment, a couple of people kindly pointed out the Attorney General’s department is also conducting a review of the exceptions to technological protection measures. A technological protection measure is … well, anyway, since the Sony v Stevens stuff up, the definition has been “fixed up” to close that gulf by adding access control technological protection measure as well. Section.. Read More