20 August 2008

ACTA DownUnder

It seems DFAT has been considering ACTA since December 2007.

An overview here and here.

Now, DFAT has called for submissions and has flagged these as interesting topics.

Lid dip, Cheng Lim.

Meanwhile, IPKat reports of a UK Intellectual Property Office consultation paper on penalties for copyright infringement.

IPKat also draws attention to some further EU perspective on counterfeiting here (scroll down to 7.2).

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Suspending a trade mark opposition

On application by Darrell Lea, the Registrar suspended Darrell Lea’s oppositions to the registration of some purple trade mark applications by Cadbury purportedly pursuant to reg. 5.16.

Finkelstein J has now found that the Registrar does not have power to suspend oppositions indefinitely.

Given my involvement in matters purple, let me just refer you to Nicholas Weston’s consideration.

Darrell Lea Chocolate Shops Pty Ltd v Cadbury Limited [2008] ATMO 6 (15 January 2008)

Cadbury UK Ltd v Registrar of Trade Marks [2008] FCA 1126 (1 August 2008)

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