The US Supreme Court has declared that an authorised sale of a patented product abroad exhausts the patentee’s rights over that product within the United States of America.
The Full Court has dismissed Scandinavian Tobacco’s appeal from Allsop CJ’s ruling that Trojan’s repackaging of various genuine cigar products into conformity with Australia’s plain packaging laws is legitimate.
Allsop CJ has held that Trojan’s repackaging of genuine cigars to meet Australia’s plain packaging laws is legitimate under the Trade Marks Act.
Minister announce Productivity Commission to review Australia’s IP laws
Articles on parallel imports published in (2014) 22(1) CCLJ 1, 21 and 39.
Big week for parallel imports last week: (1) the US Supreme Court declared US law applies a doctrine of international exhaustion for copyright material (2) Adobe, Apple and Microsoft fronted the Australian Parliament to explain why digital “things” cost so much more in Australia than elsewhere (i.e., the USA). Apple’s defence said, amongst other things, it was the price it had to pay to the owners of Australian copyright –.. Read More
According to the Age today, a number of (fashion) importers have agreed with their overseas manufacturers that the manufacturers will not supply orders to online purchasers in Australia: Importers close door on overseas online stores by Rachel Wells. The Gerry Harvey-esque arguments about how GST makes local retailers uncompetitive get a run again but, as previously noted, Prof. Gans is not convinced by that (in the context of digital downloads)… Read More
Apparently inspired by this report, Senator Conroy, the Orwellian named Minister for Broadband, Communications and the Digital Economy, has acted to announce a new inquiry to be undertaken by the House of Representatives’ Standing Committee on Infrastructure and Communications. Reports here and here. According to that second report, someone trailed a coat on the issue last week when ACCC Commissioner Ed Willett appeared before the Joint Committee on the National.. Read More
Recap: Prof. Lessig’s argument. You will remember that Michael Speck from Music Industry Piracy Investigations was outraged by Apple’s pending iTunes Match service and, in particular, the part where the service would in your iCloud account copies of music on your hard drive which had not been bought through iTunes. At the time, it wasn’t clear (at least to me) whether Apple was going all gung-ho and just offering this.. Read More
BTB holds a licence to make and sell “Greg Norman” branded clothing in India from Greg Norman Collection Inc (GNC). GNC is the “head licensor” of the “Greg Norman” trade marks registered in, amongst other places, India and Australia. By clause 2.4 of the licence agreement, BTB agreed not to sell the branded clothing it made outside India without GNC’s consent: LICENSEE acknowledges that this License is limited to the.. Read More