Mainly intellectual property (IP) issues Down Under

Selected links from last (couple of) weeks

A selection of the links I found interesting over the last couple of weeks

A trade mark licence requires actual control

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.

Selected links from the last week

A selection of links to IP-related matters I found interesting this week

Court of Appeal orders ISPs to block access to trade mark infringing websites

The Court of Appeal has confirmed that the court’s general power to grant injunctions can be invoked by trade mark owners to get orders against ISPs to block internet access to website that have infringing content.

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.