IPwars.com

Mainly intellectual property (IP) issues Down Under

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.

Don’t file in the wrong applicant’s name

Filing a trade mark application by the wrong person invalidates the resulting registration

Not “hired to invent” so no entitlement – Merial v Intervet

Moshinsky J has rejected Intervet’s claim to entitlement to a patent application on the basis of the US “hired to invent” doctrine

Assigning rights in future copyright – Bollywood style

Is an assignment of future copyright effective over copyright which the author subsequently creates but never owns?

A couple of other points from Insight on appeal

Following on from the earlier post, the Full Court did, however, dismiss ACER’s appeals against Besanko J’s rulings that: Dr Hart owned the copyright in the SOQH, even though it was created while he was employed by the Department of Education; and The assignment of the right to sue for past infringements was valid.[1] The ruling on the right to sue for past infringements is particularly important as it is.. Read More

No damage for infringing copyright in questionnaire

Besanko J has awarded Insight SRC $32,510.00 for the infringements of its copyright in the School Organisational Health Questionnaire by the Australian Council for Educational Reseaarch (ACER). The award consisted of $10 nominal damages and $32,500 by way of additional damages. There are some interesting points about ownership, assignment and damages. The questionnaire consisted of 57 questions arranged under 12 headings or modules. ACER reproduced some 25 of these questions.. Read More

Mediaquest v Registrar

It turns out that the Registrar does have power to undo an assignment of a registered trade mark that has been registered wrongly. A Mr Brailsford was the registered owner of the Peel Away trade mark for paint stripping preparations, TM No. 741047. He died in 2008. On 23 Setember 2010, trade mark attorney McInnes filed an application to register an assignment of the trade mark to Mediaquest. On 8.. Read More

Ramifications of IceTV

Last February, Gordon J ruled that there was no copyright in White Pages subscriber listings and (perhaps more surprisingly) Yellow Pages listings. Now, Stone J has applied IceTV (here and here) to find that copyright did not subsist in medical records held by a range of general practitioners. Primary Health Care (PHC) is a publicly listed company that has been buying up medical practices. As part of the purchase, the.. Read More

Kookaburra gets the Vegemite sandwich

Jacobson J has upheld Larrikin’s claim to be the owner of copyright in Kookaburra sits in the Old Gum Tree,  which means, at least, that Larrikin has standing to sue Men at Work et al. for infringing copyright in that music. Larrikin alleges that Men at Work’s Down Under (you know, unfurl the Boxing Kangaroo, declare a national holiday and have a beer with Bondy) infringes the copyright in “Kookaburra”… Read More

Assigning copyright and material breach reversions

The author’s of “songs” assigned their respective copyrights to Rive Droite with the latter having an obligation to pay royalties. The assignments included a clause providing that, if Rive Droite remained in material breach for x days after notice, the copyright reverted to the assignor. There was also one of those nice clauses that defined the assignee to include its successors and assigns. Rive Droite assigned the copyright to Crosstown. Disputes.. Read More

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