IPwars.com

Mainly intellectual property (IP) issues Down Under

Re-thinking the role of IP: Francis Gurry lecture

Last week, the 5th Francis Gurry Lecture at the University of Melbourne was given by Dr Francis Gurry, the Director-General of WIPO (and so the highest ranking Australian official in UN organisations), himself. The topic “Re-thinking the Role of IP’.

Innovation Patents: what to do?

ACIP has released an options paper on what to do about the innovation patent system and raised 3 options for comment …

FPInnov

Where do you appeal to? The Registrar of Trade Marks has successfully applied for dismissal of ADJR Act proceedings challenging decisions to revoke registrations and the acceptance of trade marks. The Registrar used her powers under section 84A to revoke the registration of 8 of FPInnovation’s trade marks. Then the Registrar used her powers under s 84C to revoke their acceptance. (The Group A trade marks.[1]) The Registrar also used.. Read More

New gTLD process: brand owners beware

Jonathan Bailey, of Plagiarism Today fame, has a post over at the Blog Herald: “Why We Don’t Need More Domain Extensions“. As of last month, 4 new gTLDs had already been approved but more than 1,000 have made it passed the “initial evaluation stage”. Private auctions for new gTLDs where there is more than one applicant are starting. The new gTLDs aren’t here yet but scary as it is, this.. Read More

The power of a registered trade mark

If you have tried to buy, sell or rent property in Australia in the last 10 years (at the least!), like some nearly 7 million other Australians you have no doubt come across realestate.com.au, the web-portal run by REA Group. Real One also competes in that space.[1] Bromberg J has held that Real One’s logos: did not “pass off”[2] REA Group’s logos: Nor did they infringe REA Group’s registered trade.. Read More

Patentable subject matter reform

IP Australia has issued an Issues Paper on the proposed amendments to the Patents Act: (1) to insert an “objects” clause; and (2) to exclude from patentable subject matter inventions which it would be “offensive” to commercially exploit. These plans arise out of a recommendations made by ACIP which the Government announced it accepted. The consultation now is on the wording to implement those policies. An objects clause The consultation.. Read More

Apple and that ITC ban

Well written piece in The New Yorker outlining the role of the US International Trade Commission in patent disputes and President Obama’s veto of the ITC’s order to block imports of “older” Apple products. Mind you, make sure you are not eating your cornflakes over breakfast or sipping your decaf skinny latte when you get to the paragraph: Samsung’s lawyers may take their talents to Seoul, Tokyo, London, or other venues.. Read More

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