Copyright in bikini designs

Dodds-Streeton J has ordered that City Beach[1] pay Seafolly $250,333.06 by way of damages for infringing copyright in 3 Seafolly designs, including consideration of the copyright/design overlap

Designs Act 2003 review

ACIP has published an issues paper reviewing the operation of the Designs Act 2003 for the first time since it came into force.

Another designs case

Well, a patents and designs case, but really it’s a case about entitlement: Kenny J has upheld the validity of patents and registered designs for “beer taps” which one company in the Fosters group – Foster’s Group Ltd – applied for “most likely [by] mistake”[1] as one of its subsidiaries, Fosters Australia, was the owner. […]

A designs case!

Jacobson J has found that Bluescope’s “Smartascreen” metal fencing panel infringed Gram Engineering’s Registered Design No. AU 121344 for a fencing panel as an obvious imitation. Perhaps the most interesting finding, however, is why the Smartascreen was not a fraudulent imitation. vs Gram’s design was registered in 1994, so this is an “old Act” case […]

Raising the Bar update

Following the conclusion of consultations about the draft Intellectual Property Legislation Amendment Regulations (the regulations to implement the “Raising the Bar” amendments), IP Australia has published a document outlining the outcomes of the consultation process. The document outlines what IP Australia is proposing to do/implement in relation to:   Schedule 1   preliminary search and […]

Tobacco Plain Packaging reasons

Having previously announced the conclusion that the Tobacco Plain Packaging laws were valid, today the High Court published their reasons. 6 of the judges, Heydon J dissenting, ruled that s 51(xxxi) did not apply because there was no “acquisition” of the tobacco companies’ intellectual property rights. It was true that the ability, or rights, of […]

Raising the Bar regulations

IP Australia has published the first tranche of draft regulations to implement the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (most of which comes into force on 15 April next year). This tranche includes the draft regulations for:  Schedule 1 – Raising the quality of granted patents, Schedule 4 – Assisting the operations […]

Tobacco plain packaging

Quote from the High Court: At least a majority of the Court is of the opinion that the Act is not contrary to s 51(xxxi). Reasons (which may explain that rather cryptic quantity) to follow later. So, by 1 December 2012, all retail cigarette packs in Australia will look something like this. – the colour […]