Mainly intellectual property (IP) issues Down Under

Another IP amendment bill

The Intellectual Property Laws Amendment Bill 2013 was introduced into Parliament today. The changes include: amendments to the Crown use provisions in the Patents Act to ensure they apply where the relevant Commonwealth, State or Territory government has primary responsibility for funding or providing the service and to include a requirement for approval by the relevant Commonwealth, State or Territory Attorney-General implementation of the TRIPS protocol to enable generics to apply.. Read More

The Canadian copyright ‘pentalogy’

Last year, the Supreme Court of Canada handed down 5 decisions on the same day relating to fair dealing and other issues arising from digital transmission of copyright material. In a number of respects, its decisions are directly opposite to conclusions that have been reached by our High Court (one example – but it appeared to turn on different statutory language). In others, such as the ‘digital taxi’ theory, the.. Read More

Oh won’t you stay …

The patent war over escitalopram in Australia is still going! One aspect of the Alphapharm / Lundbeck case I had forgotten (if I appreciated it at the time) was that Lindgren J quashed the extension of the patent’s term under s 70ff. In June 2009, after the Full Court upheld Lindgren J’s decision, Lundbeck made a new application for an extension of term and also applied under s 223 for.. Read More