The (NSW) Court of Appeal has rejected WIN’s argument that its exclusive licence to broadcast Nine Network’s content extended to “live streaming” over the internet. Those of you who have emulated Burke and Wills and wandered out of the CBD of your state’s capital city may have discovered that free-to-air television is (a little bit) different. There are regional broadcasters who arrange at least some local news and advertising, but.. Read More
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.
The Full Federal Court has held that the licensor must actually excercise control over the licensee for a trade mark licence to be a valid licence.
The Full Court has partially allowed Tamawood’s appeal, and denied Habitare’s appeal from Collier J’s findings about copyright infringement.
The Full Federal Court has allowed the Commissioner of Taxation’s appeal from Pagone J’s ruling allowing SPI Powernet a deduction for the value of its copyright in the plans, drawings and manuals for its electricity power generation network.
Although it rejected the primary judge’s interpretation of s145 of the Patents Act 1990, the Full Court has nonetheless dismissed Regency’s appeal seeking to terminate its licence of MPEG patents. In 2009, Regency took a licence of a bundle of patents from the MPEG patent pool so that it could make, amongst other things, DVD and Blu-Ray players. All the patents were necessary to make MPEG–2 compliant equipment, but they.. Read More
MPEG LA licensed 3 groups of patents to Regency Media for the production of dvdd. After some, but not all, expired, Regency sought to exercise its rights under s 145 of the Patents Act 1990 to terminate ….
Some 5 years after it went hunting, Tamawood has successfully sued Habitare (now with administrators and receivers and managers appointed) for infringing copyright in house plans. Copyright in some plans was infringed (Torrington v Duplex 1 & Duplex B); but not in others (Conondale / Dunkeld v Duplex 2 & Duplex A). One point of interest: Habitare commissioned Tamawood to develop plans for 2 new houses for it. These plans.. Read More
Various members of Schapelle Corby‘s family, like most other people who take photographs, do own copyright in the photographs they have taken and Allen & Unwin, which published 5 of their photographs in The Sins of the Father, has to pay damages for the unauthorised use of those copyrights. Buchanan J awarded: between $500 and $5,000 compensatory damages pursuant to s 115(2) for each photograph; and $45,000 by way of additional damages.. Read More
The Full Federal Court (Jacobson, Nicholas and Yates JJ) has largely upheld Jessup J’s ruling, but with a noteworthy limitation on the scope of implied licences. Acohs and Ucorp both provide in competition with each other Material Safety Data Sheets (MSDSs) which are required by law to identify the properties, uses and hazards of dangerous chemicals. At first instance, Jessup J found Acohs owned copyright in the MSDSs which had.. Read More