IPwars.com

Mainly intellectual property (IP) issues Down Under

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

Feedspot’s Top 25 Australian Law blogs

IPwars included in Feedspot’s Top 25 Australian law blogs and websites for Australian lawyers.

Productivity Commission intellectual property arrangements

Part 1 of my article on the Productivity Commission’s Final Report on Intellectual Property Arrangements has been belatedly published in the Australian Intellectual Property Law Bulletin: (2018) Vol. 30 No. 10 p. 210.

Third Party Blocking Injunctions Review

Government consultation of injunctions against ISPs to block access to infringing websites

Pokemon v Redbubble: the DMCA doesn’t apply Down Under

Pagone J has awarded Pokémon $1 in damages and 70% of its costs from Redbubble for misleading or deceptive conduct and copyright infringement. An interesting aspect of the case is that Redbubble’s implementation of a notice and take down scheme under the DMCA didn’t save it from liability, but did influence the ruling on remedies.

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.

Safe harbours to be Extended

The Government has introduced a Bill to extend the class of persons who can claim the benefits of the safe harbour provisions in the Copyright Act 1968 provided in sections 116AA to 116AJ.

Copyright And Computer Software

McDougall J has rejected EIFY’s claim to copyright infringement based on look and feel or structure and sequence

My Angel is a …*

Centrefold Entertainment’s registration of CENTREFOLD for adult entertainment services has been revoked as not capable of distinguishing

Primary Health Care

The Full Court has dismissed Primary Healthcare’s appeal from the decision rejecting its attempt to register “Primary Health Care” for medical services.

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