IPwars.com

Mainly intellectual property (IP) issues Down Under

Service providers and safe harbours

A consultation on draft regulations has been released as the extension of online safe harbours to the education, cultural and disability sectors nears enactment

IP Laws Amendment ( Productivity Commission Response Pt 1 etc) Bill 2018

The Senate Economics Committee requires submissions on the (intellectual property) Productivity Commission Response Pt 1 bill to be submitted by 1 June 2018

Patent cases in the Federal Court

A statistical survey of patent litigation in the Federal Court of Australia

New Twist In Website Blocking Injunctions

Nicholas J has granted further injunctions under s 115A against the telcos / ISPs to block access to websites related to HD Subs+.

ESCO’s patent did not make a composite promise and so is not invalid afterall

ESCO has won its appeal from the ruling that its patent lacked utility because the claims did not fulfill all promised advantages. The Patent ESCO’s patent relates to a wear assembly for securing a wear member to excavating equipment. Think of it as a way of attaching “teeth” to an excavating bucket and for a design of the “teeth” themselves. There are 26 claims. Claim 1 (and its dependent claims)[1].. Read More

Bohemia Crystal shattered

Like MICHIGAN for farm equipment and OXFORD for books, Burley J has ordered that Bohemia Crystal’s trade marks, BOHEMIA and BOHEMIA CRYSTAL be revoked because they are not distinctive of “glassware”.

Enforcing foreign judgments – consultations

The Commonwealth government is consulting about a draft treaty on the enforcement of foreign judgments including whether and how IP judgments should be included

Pregabalin 2 – the invalidity appeal

In addition to clarifying infringement of method claims, the Full Court in Warner-Lambert (PregablinI also dismissed Apotex’ appeal against the findings that the Patent was fairly based and not invalidated by a false suggestion.

How you infringe a Swiss claim in Australia

The Full Court has upheld Nicholas J’s ruling that Apotex infringed the Swiss claims in Warner-Lambert’s pregabalin patent by making the product outside Australia and then threatening to import it into Australia for sale.

Copyright modernisation downunder – a consultation paper

The Australian government has issued a consultation paper on copyright modernisation addressing fair use or fair dealing, contracting out and orphan works

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