IPwars.com

Mainly intellectual property (IP) issues Down Under

What an Anton Piller order should look like

What an Anton Piller order should look like

Dallas Buyers Club No 5

Perram J has rejected Dallas Buyers Club’s latest attempt to get permission to send those letters of demand out. Last time out, Perram J said DBC could get the names and addresses of the 4726 “downloaders”[1] only if it gave undertakings to use the information for the purposes of resolving its infringement allegations. limited the demands for compensation to the retail price of a download and some part of the.. Read More

Winnebago the damages or a reasonable royalty Down Under

Yates J has ordered the respondents pay a 1% royalty for passing off their RVs as Winnebago’s

Commonwealth can sue on the undertaking as to damages

The Full Court (Dowsett, Kenny and Nicholas JJ) has upheld the Commonwealth’s power to sue for damages on the undertaking as to damages given by Sanofi and Wyeth when obtaining interlocutory injunctions against generic suppliers.

What do you get when you are granted an exclusive territory

The grant of an exclusive territory did not require the franchisor to take steps to stop another franchisee selling in the territory

When can an authorised user sue

An authorised user can sue for infringement without waiting for the registered owner’s failure to sue first.

Parallel imports – repackaging Down Under

Allsop CJ has held that Trojan’s repackaging of genuine cigars to meet Australia’s plain packaging laws is legitimate under the Trade Marks Act.

Section 155 notices

Reeves J has sentenced Davies to 200 hours community service for non-compliance with a s 155 notice under the Competition and Consumer Act 2010

The word yellow is descriptive of online directories

The Full Court has dismissed Telstra’s appeal against “Yellow” being found descriptive of print and online directories.

IP Australia consults on patenting genetic material post Myriad

Following the High Court’s ruling that Myriad’s claims for isolated DNA relating to BRCA1 were not patentable subject matter, IP Australia has released a “consultation” on how it proposes to treat patent applications claiming genetic material.