IPwars.com

Mainly intellectual property (IP) issues Down Under

Urgent interlocutory and declaratory relief

Many IP agreements contain a clause referring disputes about the subject matter to mediation and/or arbitration instead of reliance on court action. There is often, however, an exception permitting court action in the case of “urgent interlocutory and declaratory relief”. So, when one party to the agreement rushes off to Court to enforce some position instead of arbitration, the court case often becomes as much about whether the Court has jurisdiction.. Read More

Spam Act

Logan J has granted an interlocutory injunction under the Spam Act 2003, pending trial for civil penalties. Apart from the fact that cases under the Act are not exactly thick on the ground, the debate in the case really turned on: whether ACMA would be required to provide an undertaking as to damages – in the end, it wasn’t; whether the injunction should take the narrower form of undertakings proferred.. Read More