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 has a typically.. Read More
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 high standards of.. Read More
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 laws”, it is.. Read More
The tort of injurious falsehood (sometimes called malicious falsehood or even trade libel) has been largely superseded (but not totally extinguished) by passing off and the modern wrongs against misleading or deceptive conduct.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 2 rival businesses.. Read More
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)
IP Australia has issued a consultation paper on implementing the TRIPS protocol. The TRIPS protocol is the modification (or is that clarification?) of TRIPS obligations to improve the availability of “crisis” pharmaceuticals in least developed and developing countries. From the discussion paper: The TRIPS Protocol seeks to address this problem by amending the TRIPS Agreement to permit WTO members to issue compulsory licences to produce patented pharmaceutical products for export to least-developed and.. Read More
Michael Geist has a link to the leaked EU comments on the chapter for third party liability on the internet – being drafted by the USA. The Guardian has weighed into the debate. Kim Weatherall has emerged from her self-imposed seclusion to comment here, here and here. DFAT’s must recent summary and overview of key elements. Anondyne USTR statement.
Selected microblog posts from the past week: RT @VogeleLaw: Found: Mary Beth Peter’s testimony (via @cathygellis – thanks!) http://bit.ly/Cijau #gbs_hearing [US Copyright Register opposes Google Book Settlement] Google Book in the EU? http://ff.im/-7OYfA RT @MegLG: A Billion Dollar Test of the DMCA Safe Harbors in Viacom v YouTube http://ow.ly/om66 via Cyberlaw Cases RT @michaelgeist: Microsoft wins stay of injunction on Word. Case arises from patent claim by Toronto’s i4i.http://bit.ly/oDmLU IP Think Tank Blog looks at i4i v.. Read More
Patently-O considers a new Federal Circuit case in the USA dealing with the scope of s 271(e)(1) – a defence to infringement by working the patent to prepare regulatory data. It would appear that the defence should now apply in proceedings against imports before the ITC. Patents Act 1990 (Cth) s 119A (introduced with effect from 25 October 2006 following ACIP’s report) permits such activity where the working: is for purposes of having a.. Read More
I’m not quite sure why, but the blogosphere is increasingly chattering again about relaxing the rules against infringing a patent by making the protected product (esp. a pharmaceutical) for export: Duncan Bucknell LawFont IP’s What’s Up reviews the TRIPS status including the DOHA declaration and its rather tentative take up.