Mainly intellectual property (IP) issues Down Under


CLIPSO trade mark is expunged in the face of CLIPSAL in a segmented market

$3 million!

Valve has been fined $3 million for contraventions of the Australian Consumer Law consumer guarantees

Third party website blocking Down Under – second look

A closer look at Nicholas J’s decision in Roadshow v Telstra ordering access to third party offshore websites blocked

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

Henley Arch v Lucky Homes – part 2

Henley Arch v Lucky Homes: innocent infringement and the damages calculations

Two points about exclusive licences of patents in Australia

The Full Court has accepted that an exclusive licensee can agree to acquire all its requirements of the licensed products from the patentee. A sub-licensee, however, is not an exclusive licensee.

The patent was not infringed

According to the traditional view, recently applied by Rares J, there would be no infringement in Australia in the circumstances outlined.

Chemist Warehouse dismissed

The Full Court has dismissed Chemist Warehouse’s appeal from Middleton J’s ruling that the get up of Direct Chemist Outlet’s stores did not “pass off” on Chemist Warehouse’s get up

A “new” Act designs case!

Nicholas J has ruled that by selling its Razor fan Martec has infringed Hunter Pacific’s registered design for a ceiling fan hub, ADR No. 340171.

Omnibus claims: substantially the same

In partly allowing Glaxo’s appeal, the Full Court (Allsop CJ, Yates and Robertson JJ) has ruled against an expansive interpretation of omnibus claims.

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