Mainly intellectual property (IP) issues Down Under

Ambush marketing or how did …

… Darth Vader get past LOCOG security?


(Really starts after 00:23 and watch the crowd at 01:00 and 2:00.)

Lid dip: James McDougall

Merry Christmas!

Thank you for your time and comments and encouragement over the past year.

I hope you have continued to find something of interest.

IPwars is disappearing off into the summer sun like all be-gowned, if not be-wigged, creatures and should be returning in late January.

Meanwhile, I wish you all a very Merry Christmas and all the best for the New Year!

Apple gets interlocutory injunction against Samsung

Apple gets over the first hurdle.

The future (?) for booksellers

Remember all the fuss when the Minister (was reported to have) said all the bookshops (except those in the big cities) were going to close? (or something like that).

It would appear that his comments may have arisen from a report by the Book Industry Study Group.

The report is not public yet, but the 138 submissions are and so is the Market Analysis Research Report from PWC (pdf).

There are lots of facts and figures in there. You may even recognise this as a world you live in:

Lengthy delivery times and insufficient availability of eBook titles are seen as impeding the competitiveness of Australia’s booksellers (‘bricks and mortar’ and online).

On the question of insufficient availability:

Options to improve business models for publishers could involve entering into international agreements to share global rights, competing directly for global rights, and controlling costs through centralisation. Experimentation will remain a priority for book publishers.

“Sharing” global rights probably won’t help the availability problem for electronic titles as that seems to be the cause of the problem. As a consumer, don’t I want less “sharing” so that when things become available electronically overseas I can get access to them now?


The available evidence suggests that overseas online booksellers are generally able to sell books published overseas at prices (including delivery) that are cheaper than those charged by Australian online booksellers. The price competitiveness of Australian booksellers is affected by the GST, the exchange rate, wholesale book prices, and postage costs.

On postage costs:

Our initial analysis suggests that an Australian business posting a book-like parcel to an Australian address would pay approximately 90 per cent more than a British business would to post the same package to the same address.

Well, if you’ve ever bought a book from The Book Depository, you know you don’t pay anything like the $10+ an Australian retailer charges you -$0. So why would you pay $30+ for a new paperback if you can get it for $10 – 15 from The Book Depository or electronically from Kindle/iBook/Nook?

Being old fashioned, I do enjoy wandering into a book store and browsing, but spending an extra $20 for a paperback which I (usually) only read once?

I do also enjoy reading books set in Australia or, more portentously, about the Australian experience. These cost pressures, however, will surely mean that Australian books will have to become cheaper to compete. It will be interesting to see how the Book Industry Study Group tries to solve that conundrum.

Lid dips: @isobelclare and @smh


Talking head, travelling slideshow

My Copyright Update 2011 for IPSANZ travels to Adelaide on 28 September.

If you’re in Adelaide, hope to see you there.

IPSANZ annual conference

If you’re going to be at the IPSANZ annual conference over the weekend, do say hello.

IPwars in Belorussia

Mr Bohdan Zograf has very kindly translated the IPwars post on Telstra v PDC into Belorussian for the benefit (one hopes) of everyone in Belorussia interested in IP!

Those of you with the appropriate linguistic skills can see it here.

Daily List

For those of you with an iPhone (and who practise in the Victorian courts) a free app with the daily court listings:

The Daily List

Lid dip: James McDougall.

Now, if only there were one that covered the Federal Court and the Federal Magistrates Court! (Yes, I know you can get them emailed automatically.)

Summer daze

IPwars has headed off for the summer sun.

Thank you for reading during the year, I hope you found something interesting and informative.

In the meantime, I wish you the compliments of the season and hope to see you again in the New Year (hopefully after Australia day celebrations).

Happy birthday to me

well, IPwars really.

Yes, six years ago today IPwars started rearranging electrons in the interstices of the interwebs (as some of our American cousins call them).

It’s rather hard to work out vital statistics since then as, for 4 years, IPwars was generated by the (now defunct) iBlog software before moving to WordPress.

It does seem that ‘Sounds Different’ was the burning issue that attracted the very first report. Understanding about that elusive concept, trade mark usage, has become sufficiently well understood in the intervening years that it was the subject of the ‘trade marks session’ at this year’s IPSANZ Annual Conference.

I (or perhaps that should be you) blame Marty Schwimmer, at the Trademark blog, Denise Howell and the others at (then) Between Lawyers, for inspiring me to venture into cyberspace.

Then, to those of you out there who read the posts, sometimes send my your own comments even occasionally become so outrageous as to post them publicly, thank you.

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