Mainly intellectual property (IP) issues Down Under


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

Feedspot’s Top 25 Australian Law blogs

IPwars included in Feedspot’s Top 25 Australian law blogs and websites for Australian lawyers.

Productivity Commission intellectual property arrangements

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.

Third Party Blocking Injunctions Review

Government consultation of injunctions against ISPs to block access to infringing websites

Patenting gene association analyses for cattle in Australia

More “gene” patenting in Australia: inferring cattle qualitative traits through nucleotide polymorphisms

Confidentiality orders in court proceedings

Perram J has granted orders preserving the confidentiality of contractual arrangements in digital mobile telephony, limited for 3 years.

Pokemon v Redbubble: the DMCA doesn’t apply Down Under

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.

Not a Comedy of Error

Robertson J has overturned the Registrar’s decision to cancel a number of trade mark registrations for VOKES[1] as errors wrongly made in the Register and ruled they were properly registered in Laminar’s name.

EIFY: terms of use

Clickwrap terms held enforceable, but no compensable loss for breach

Safe harbours to be Extended

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.

Copyright And Computer Software

McDougall J has rejected EIFY’s claim to copyright infringement based on look and feel or structure and sequence

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