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Mainly intellectual property (IP) issues Down Under

Productivity Commission reports on IP (in draft)

The Productivity Commission has released its draft report into Australia’s Intellectual Property Arrangements.

Primary Health Care is not registrable as a trade mark

You will probably not be surprised to discover that PRIMARY HEALTH CARE is not registrable as a trade mark. You may, however, be surprised that the successful challenger was the Commonwealth of Australia. Primary Health Care Limited (PHC) applied to register PRIMARY HEALTH CARE and in class 35 for:[1] Medical centre business management; medical centre business administration; service provider to medical professionals, namely provider of: administrative support services, billing and.. Read More

Keywords Are Not Trade Mark Use

Katzmann J has ruled that keywords are not trade mark use, but found some of the sponsored links themselves infringed.

Productivity Commission to review all IP laws

Minister announce Productivity Commission to review Australia’s IP laws

Sir Walter …

Yates J has upheld the Registrar’s refusal to register SIR WALTER for buffalo grass in class 31 on the grounds it lacked any capacity to distinguish and was not in fact distinctive.

Australian Intellectual Property Report 2015

IP Australia has released the Australian Intellectual Property Report 2015, with statistics on IP filings and grants and trends.

Blocking injunctions – the Bill

The Commonwealth Government has introduced into Parliament the Copyright Amendment (Online Infringement) Bill 2015. This bill will implement the the Government’s proposal for injunctions requiring ISPs to block access to offshore websites that infringe copyright.

Major sporting events

Did you know there was a Major Sporting Events (Indicia and Images) Protection Bill 2014? It was introduced into Parliament on 26 March 2014.

Securities over IP

Transition period to register security interest claims over IP expires on 31 January 2014

Superman KOs “superman workout”

DC Comics, the owner of rights to the, er, man of steel character, has successfully blocked an attempt the register “superman workout” for “conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)” in class 41. It did have to appeal from the Registrar of Trade Marks to the Federal Court and it did not win for the reasons you might think. Like the Registrar, Bennett.. Read More