IPwars.com

Mainly intellectual property (IP) issues Down Under

“right of repair”

The JIPLP blog has a succinct online article, by Brian Whitehead and Richard Kempner, analysing Floyd J’s decision in Schütz (UK) Limited v Werit UK Limited, Protechna SA [2010] EWHC 660 on whether a defendant’s activities amounted to permissible repair or reconditioning of a patented product or infringement.

Talk on keywords, adwords and trade marks

For anyone who may find some value in them, I have posted the slides from my IPSANZ talk ‘Of Keywords, Adwords and Trade Mark Infringers at Slideshare.

Appeal sinks luscious LIPS

One month after the appeal was heard, the Full Court has rejected Nature’s Blend’s appeal that Nestlé used Luscious Lips as a trade mark. Nature’s Blend argued first that the trial judge had wrongly focused on the character of Nestlé’s use instead of the proper meaning of the Nature’s Blend mark. As the mark was registered for all confectionery, not just “lips”, it was said to be inherently distinctive. The.. Read More

The patent was valid, but not infringed

Foster J has ruled that Bitech’s patent for an apparatus that simulates log flames or coal fire in electric or gas fired domestic room heaters is valid, but not infringed. An essential feature of the patent was that the simulated flames resulted from reflected light, however, the alleged infringements used directly projected light, not reflected light and consequently did not infringe. The novelty attack failed because the relevant prior art.. Read More

2nd round consultations on IP reform in Australia

IP Australia has published a second round of consultation paper (pdf) on its proposals for reform of intellectual property laws and procedures in Australia. Topics covered include: Getting the Balance Right Exemptions to Patent Infringement Resolving patent opposition proceedings faster Resolving trade mark opposition proceedings faster Resolving divisional applications faster Getting the Balance Right Exemptions to Patent Infringement Resolving patent opposition proceedings faster Resolving trade mark opposition proceedings faster Resolving.. Read More

Linking should infringe?

Judge Posner (of the 7th Circuit Court of Appeals in the USA) writing extra-judicially on his blog has stirred up a maelstron in the blogosphere with a typically  thoughtful and provocative post contending that linking to websites should be copyright infringement. (At the time of writing, there are only 211 comments!) Less contentiously (at least in terms of blogosphere reaction), Prof Becker’s reaction is that newspapers are doomed: That the.. Read More

$80,000 (USD) per download

In case your newsfeed hasn’t beeped you, the jury in Minnesota has awarded the record companies US$1,920,000 against Jammie Thomas for her 24 infringing downloads. That’s right, $80,000 per infringement. The original award, which the judge quashed “sua sponte“, was “only” $220,000. Presumably, there are going to be some interesting motions “non obstante veredicto“? Evan Brown has some links. The Age (lid dip Matt Bromley). Howard predicts (hopes?) this is.. Read More

IPRIA seminar on patent infringementi

IPRIA (Ass. Prof. Beth Webster and Kimberlee Weatherall) is holding a lunch time seminar reporting on the results of their survey of patent infringement in Australia: in Melbourne on 9 June 2009; and in Brisbane on 10 June, at the Blake Dawson offices in those cities. According to the blurb: One of the great unknowns of patent policy is how much infringement actually goes on, and how much of that infringement.. Read More

Working a patent for regulatory approvals

Patently-O considers a new Federal Circuit case in the USA dealing with the scope of s 271(e)(1) – a defence to infringement by working the patent to prepare regulatory data. It would appear that the defence should now apply in proceedings against imports before the ITC. Patents Act 1990 (Cth) s 119A (introduced with effect from 25 October 2006 following ACIP’s report) permits such activity where the working: is for purposes.. Read More

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