IPwars.com

Mainly intellectual property (IP) issues Down Under

The Hague Agreement: a cost benefit analysis

IP Australia’s preliminary conclusion is that joing the Hague Agreement for the registration of designs will cost Australian consumers a lot more than Australian designers will benefit

Cutting the costs of designs litigation

Justice Carr in the UK has weighed into case management of design infringement cases in a big way.

Court of Appeal orders ISPs to block access to trade mark infringing websites

The Court of Appeal has confirmed that the court’s general power to grant injunctions can be invoked by trade mark owners to get orders against ISPs to block internet access to website that have infringing content.

Are innovation patents going?

ACIP now recommends abolition of the innovation patent system

More contempts

Besanko J has imposed fines ranging from $25,000 to $2,000 on Bob Jane and his companies for contempt of TM infringement injunctions

Abstract principle, fine art or just unknowable

Jessup J has upheld the rejection of a patent for an auscultative method on grounds the claimed invention was insufficiently clearly disclosed.

3 stripes v 4 stripes: the remedies

3 stripes v 4 stripes: the remedies – Robertson J has ordered a narrow injunction and reduced costs to 30% after finding 3 of 12 shoe styles infringed

Costs, (no damages) and IP cases

The Full Federal Court (Finn, Sundberg and Edmonds JJ) has clarified how FCR O62 r 36A operates in IP infringement cases. FCR O62 r36A provides that the costs of a successful applicant which obtains an order for damages less than $100,000 will be reduced by one third, unless the Court otherwise orders. Nokia had sued Liu for trade mark infringement arising from a customs seizure. The proceedings settled by consent,.. Read More

Re-examining a patent

VIP Plastic Packaging is suing BMW Plastics for infringing the former’s standard patent for a “Variable-length dip tube for a fluid transfer container”. BMW Plastics denies infringement and has counter-claimed for invalidity. Now, Kenny J has refused BMW Plastics’ attempt to get an order to have the Commissioner re-examine VIP Plastic Packaging’s patent. Section 97 provides for re-examination of a standard “patent” in 3 situations: following acceptance, but prior to grant;.. Read More

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