151-160 of 310 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. ...
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. ...
Breaking news
Two important developments have unfolded over the past week. The InIP editors report ...
Federal Court closes the tap on Urban Ale trade mark
In an attempt to sue La Sirène for trade mark infringement, Urban Alley Brewery lost the registration rights to its 'Urban Ale' trade mark, for lack of distinctiveness. We explore how attempting to enforce its trade mark registration rights backfired for Urban Alley. ...
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 ...
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 ...
From Notepads to iPads – copyright protection in a digital world
With the global transition from analogue to digital, Australia's copyright laws continue to evolve in an attempt to keep up with the digitisation of content. The Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher MP, recently addressed the Australian Digital Alliance about ...
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 ...
Product safety priorities — the ACCC's focus for 2020
The Australian Competition and Consumer Commission is planning to prioritise five key product safety issues fitting broadly within the categories of the Takata airbag recall, safety risks for infants and children, and e-commerce. We report on what is planned for 2020. ...
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. ...