Mainly intellectual property (IP) issues Down Under

Zima is a registrable trade mark

Gordon J has overturned the Registrar’s refusal to register ZIMA as a trade mark for tomatoes and directed its registration

Fraudulent imitation

The Full Court has dismissed both Bluescope’s appeal and Gram’s cross-appeal from the ruling that Bluescope infringed Gram’s registered design for the Smartascreen fencing panel.

Review of Plant Breeder’s Rights Advisory Committee

IP Australia has published a consultation paper on how best to obtain advice currently sought through PBRAC

Online copyright infringement – back to drawing board

Opposition to the “extended authorisation” liability proposal is apparently unanimous

Refusing a lapsed patent application and other powers of the Commissioner

The Commissioner can refuse a patent application capable of restoration, require a response within 2 months and direct a hearing of her own motion

Isolated genes still patentable in Australia

Full Bench dismisses appeal from ruling that isolated genes are patentable subject matter in Australia.

$150,001 damages for infringing compatibility chart

Tonnex was found to have infringed Dynamic’s copyright in its printer cartridge compatability chart. That finding was upheld on appeal. Now, Yates J has ordered Tonnex to pay Dynamic $150,001.00 in damages. The damages are comprised of compensatory damages under s115(2) of $1.00 and $150,000 by way of additional damages under s115(4).

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