IPwars.com

Mainly intellectual property (IP) issues Down Under

The price of digital downloads in Australia

Big week for parallel imports last week: (1) the US Supreme Court declared US law applies a doctrine of international exhaustion for copyright material (2) Adobe, Apple and Microsoft fronted the Australian Parliament to explain why digital “things” cost so much more in Australia than elsewhere (i.e., the USA). Apple’s defence said, amongst other things, it was the price it had to pay to the owners of Australian copyright – lovely chart here… Read More

Resale Royalty Right in Australia

The 1709 Blog has a report about the operation of the resale royalty right scheme (here or here) given by the (then) Minister for the Arts to the Senate. Some highlights: since the scheme started in 2011, CAL (the official collecting agency) has paid out just over $805,000 150 “rights holders” (I guess that would be painters or their heirs) have received the top 600 payments which totalled just under $300,000 59% of the.. Read More

Licensing recorded music

While the European Commission is trying to reduce the number of licensors you have to deal with (and so reduce transaction costs), the Australian legislation as interpreted by the courts is causing them to proliferate: IPKat on Max Planck comments on draft directive on collective rights management Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11 Yes, I know the EU is grappling with territorial issues and not, or.. 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 things, have been.. Read More

Patents, copyright and competition

Judge Posner, one of the authors of the leading modern text on the economics of intellectual property (amongst many other things), has published a controversial blog post questioning whether patents and copyright law, but particularly patents, are granting excessive protection. Judge Posner accepts that patents for pharmaceuticals are the “poster child for patent protection”, but contrasts that to patents for computer software. The IPKat explores some aspects of this part of Judge Posner’s.. Read More

Copyright walkabout

I am present IPSANZ annual copyright update for 2012: in Brisbane at Corrs Chambers Westgarth’s offices on 9 October; and in Melbourne at the RACV Club on 18 October. Details via the links above.

No damage for infringing copyright in questionnaire

Besanko J has awarded Insight SRC $32,510.00 for the infringements of its copyright in the School Organisational Health Questionnaire by the Australian Council for Educational Reseaarch (ACER). The award consisted of $10 nominal damages and $32,500 by way of additional damages. There are some interesting points about ownership, assignment and damages. The questionnaire consisted of 57 questions arranged under 12 headings or modules. ACER reproduced some 25 of these questions from 5 modules.. Read More

ALRC’s Copyright and Digital Economy Issues Paper

The ALRC has published an Issues Paper for its inquiry into Copyright and the Digital Economy. In an attempt to provide some structure to the anticipated submissions, the Issues Paper propounds some 55 questions over a range of topics including: should (maybe that should include “can”) Australia adopt a “fair use” exception (questions 52 – 53) – an earlier assessment by the CLRC (pdf – see p.7 for the recommendations); is there a.. Read More

Apotex v Sanofi: the (un)implied licence

In addition to finding Sanofi’s patent infringed, the Full Court affirmed Jagot J’s conclusion that Apotex had no implied licence to reproduce the copyright in Sanofi’s product information documents (PID). Before a (medicinal) drug can be offered for sale in Australia, it must be registered in the Australian Register of Therapeutic Goods by the Therapeutic Goods Administration. One of the requirements for registration is the submission of a PID, describing the drug, what.. Read More

TPM exceptions review

Following my post on the ALRC’s reference re exceptions in the digital environment, a couple of people kindly pointed out the Attorney General’s department is also conducting a review of the exceptions to technological protection measures. A technological protection measure is … well, anyway, since the Sony v Stevens stuff up, the definition has been “fixed up” to close that gulf by adding access control technological protection measure as well. Section 116AN provides for.. Read More