IPwars.com

Mainly intellectual property (IP) issues Down Under

Enforcing foreign judgments – consultations

The Commonwealth government is consulting about a draft treaty on the enforcement of foreign judgments including whether and how IP judgments should be included

Are you carrying on business in Australia by registering a trade mark here

If you need authority for the proposition that registering a trade mark, or enforcing the rights under the registration, does not necessarily mean you are carrying on business in Australia, Besanko J may help you out.

Commonwealth can still sue on the undertaking as to damages

The High Court has refused Sanofi and Wyeth special leave to appeal the Commonwealth’s claims on the clopidogrel undertaking as to damages.

Section 155 notices

Reeves J has sentenced Davies to 200 hours community service for non-compliance with a s 155 notice under the Competition and Consumer Act 2010

A third case of extradition

The 1709 blog has a good summary of the arrest of Megaupload.com’s Kim “Dotcom” in New Zealand for allegedly copyrights in the USA. Case 1 (Hew Griffiths aka ‘bandido’) Case 2 (Richard O’Dwyer) Meanwhile, some controversy is brewing because the FBI has seized the domain name and apparently blocked any access to the site even by those who have stored material legitimately in the service. Does that mean we all need to.. Read More

Enforcement of PBR in Australia

ACIP has published its final report into the Enforcement of plant breeder’s rights in Australia. The report is here (pdf) – be warned 138pp, Exec Summary is 10pp. Some recommendations:   Recommendation 1. A new “purchase” right be added to s.11. This new right would only apply to those taxa that are specifically declared in the regulations. Industry sectors such as wheat breeders would apply to the PBR Office to have particular.. Read More

The USA, China and the WTO dispute

The dispute resolution panel’s decision in the USA’s complaint against China’s rules on enforcement, “Measures affecting the protection and enforcement of intellectual property rights” (DS362) (background here) has been published. There’s a range of commentary around the web.  The  IPKat reproduces the conclusions and, applying sophistaKatted Euro reading between the lines, scores it at 3-all. Intellectual Property Watch’s summary here.  According to the USTR, the US won. Not sure what has.. Read More

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