IPwars.com

Mainly intellectual property (IP) issues Down Under

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 is officially described as Pantone 448C. Tobacco Plain Packaging Act 2011 Tobacco Plain Packaging Regulations.. Read More

Google v ACCC

Following on from yesterday’s post, @davidstarkoff points out that: the transcript of the special leave application can be found here; and in due course, the submissions will appear here. The hearing of the appeal has been fixed for 11 September 2012.

ACCC v Google

Apparently, back on 25 June the High Court granted Google special leave to appeal from the Full Federal Court’s ruling that Google is liable for the misleading ads placed by advertisers. Maybe the internet will be able to keep working in Australia after all. Austlii is only up to 20 June, at the time of posting. Lid dip “Law Geek Down Under“

ACTA in trouble in Australia

The Age is reporting that a Parliamentary committee has “struck down” Australia’s signing of ACTA. As it turns out, the Joint Standing Committee on Treaties has unanimously recommended that Australia should not ratify ACTA at this time. Recommendation 8 states: That the Anti-Counterfeiting Trade Agreement not be ratified by Australia until the: Joint Standing Committee on Treaties has received and considered the independent and transparent assessment of the economic and.. Read More

Does anyone think Google is advertising the sponsored links?

The Full Federal Court in Australia does. The ACCC has successfully appealed the Google Adwords case for misleading and deceptive conduct. So, for example, Alpha Dog Trainging has been operating a dogtraining business for 12 years. Dog Training Australia (Ausdog) bought ads on the keywords Alpha Dog Training through Google’s Adwords program. One ad generated was: Alpha Dog Training  DogTrainingAustralia.com.au All Breeds. We come to you. No dog that can’t.. Read More

Another round in the plain packaging tobacco war

This is a bit behind as it happened over the break: The “tobacco plain packaging” legislation became law last December and, as you will recall, Philip Morris Asia has initiated an arbitration proceeding under the Australia-Hong Kong Investment Treaty. Australia filed its “defence” late in December, alleging that Philip Morris Asia bought the assets in question after the Government’s plans were known and so hasn’t lost any value: Prof. Davison.. Read More

Australia signed up to ACTA

Last Saturday, while half of us were trying not to watch Meat Loaf earn a reported $500,ooo (here, here or here) or tweeting, the Minister for Trade travelled to Japan to sign ACTA (the Department’s home page currently has a photograph of the actual signing). According to the Minister’s Press Release: The implementation of ACTA will not require legislative changes in Australia. Rather, trading partners will adapt their laws to the.. Read More

A fairly close look at ACTA

Terry Hart embarks on a fairly detailed comparison of (what was known about the draft) ACTA and US copyright law to see how much would need to change “ACTA: Thought for FUD” in 4 parts Part 1 Part 2 Part 3 Part 4 One might well be very sceptical about something being negotiated “in private”. Nonetheless, if you get past the reliance on proposed art. 1.2 as “not requiring new.. Read More

Injurious falsehood and also passing off

The tort of injurious falsehood (sometimes called malicious falsehood or even trade libel) has been largely superseded (but not totally extinguished) by passing off and the modern wrongs against misleading or deceptive conduct. In a helpful, practical primer, Jagot J has had to explore its operation as one of the issues in the Jack Brabham Engines case. There is also an elementary lesson to learn in passing off. In overview, the case concerned.. Read More

Draft ACTA text released

DFAT ‘welcomes‘ the release of the draft ACTA text: http://www.dfat.gov.au/trade/acta/index.html Draft text (pdf) (Post updated to tidy up the links on 29/4)