A barrister practising mainly in Australian patents, trade marks, copyright and other IP law; lecturer and contributing author to LexisNexis' Copyright & Designs and Patents looseleaf services
IPwars included in Feedspot’s Top 25 Australian law blogs and websites for Australian lawyers.
Part 1 of my article on the Productivity Commission’s Final Report on Intellectual Property Arrangements has been belatedly published in the Australian Intellectual Property Law Bulletin: (2018) Vol. 30 No. 10 p. 210.
Government consultation of injunctions against ISPs to block access to infringing websites
More “gene” patenting in Australia: inferring cattle qualitative traits through nucleotide polymorphisms
Perram J has granted orders preserving the confidentiality of contractual arrangements in digital mobile telephony, limited for 3 years.
Pagone J has awarded Pokémon $1 in damages and 70% of its costs from Redbubble for misleading or deceptive conduct and copyright infringement. An interesting aspect of the case is that Redbubble’s implementation of a notice and take down scheme under the DMCA didn’t save it from liability, but did influence the ruling on remedies.
Robertson J has overturned the Registrar’s decision to cancel a number of trade mark registrations for VOKES as errors wrongly made in the Register and ruled they were properly registered in Laminar’s name.
Clickwrap terms held enforceable, but no compensable loss for breach
The Government has introduced a Bill to extend the class of persons who can claim the benefits of the safe harbour provisions in the Copyright Act 1968 provided in sections 116AA to 116AJ.
McDougall J has rejected EIFY’s claim to copyright infringement based on look and feel or structure and sequence