IPwars.com

Mainly intellectual property (IP) issues Down Under

Another designs case

Well, a patents and designs case, but really it’s a case about entitlement: Kenny J has upheld the validity of patents and registered designs for “beer taps” which one company in the Fosters group – Foster’s Group Ltd – applied for “most likely [by] mistake”[1] as one of its subsidiaries, Fosters Australia, was the owner. Fosters Australia commissioned another party to design some new beer taps for it, on terms.. Read More

Property in the proceeds of infringement

In a decision which no doubt has some further distance to run, Newey J (sitting in the Chancery Division of the High Court in England) has ruled that the owner of copyright does not have a proprietary interest in the proceeds (read profits) made by an infringer of the copyright. Harris et al. are alleged to be the person (or persons) behind the Newzbin file sharing sites which, amongst other.. Read More