131-140 of 305 results
No relief from pain for Maxigesic claims
AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 serves as an important reminder of the risks of comparative advertising and the need for adequate scientific foundations to support representations claiming to be based in science. ...
Winning a US copyright suit not as easy as you thought – lessons from Blackbeard, Led Zeppelin and Katy Perry
In the world of music, proving copyright infringement just got harder – which is only one major issue arising from recent US copyright litigation. We give you an update on these significant case ...
IP reform update – demise of innovation patents, and government powers in a crisis
The latest package of Australian IP law reform became law on 26 February 2020, when the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 – part of the Federal Government's response to the Productivity Commission's 2016 report on IP arrangemen ...
IP rights in the COVID-19 pandemic
As the race for a COVID-19 vaccine and treatment continues, norms around IP use are being upended. Innovators need to navigate the use of their IP in this current climate. ...
Rocking the boat – Rockefeller sues co-creators of Broadway puppet show
In the recent Federal Court decision of JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236, Justice Thawley dismissed the claims by producer Jonathan Rockefeller that two co-producers of his off-Broadway puppet show parody Thank You For Being a Friend had, among other things, enga ...
Breaking news
Two important developments have unfolded over the past week. The InIP editors report ...
DABUS ignites debate on AI inventorship
Patent offices in the UK and Europe, UKIPO and EPO have rejected Stephen Thaler's DABUS application naming artificial intelligence as inventors. Both patent offices found that DABUS, being a machine, could hold no rights and could not transfer any rights as the inventor to the applicant as successor ...
Federal Court decides second round of fencing (patent) duel
This Insight examines the consequences of a patent dispute concerning a patent for a 'fence plinth'. This dispute highlights some of the key elements of any patent dispute such as how meaning of ordinary terms in the patent must be understood in the context of the whole patent specification. ...
Franchisors beware: pecuniary penalties wash Geowash clean
A recent Federal Court decision imposed significant pecuniary penalties on a franchisor as well as its sole director and national franchising manager for unfair dealings with franchisees ...
The house always wins – the latest on Crown Resorts v Zantran
The Full Federal Court has overturned the trial decision in Crown Resorts Limited v Zantran Pty Limited [2020] FCAFC 1, and cast further light on the enforceability of employee confidentiality agreements in the context of civil litigation. ...