31-40 of 295 results
The Full Federal Court has its say on authorisation of copyright infringement
The Full Federal Court has delivered its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd and, although the court ultimately allowed Campaigntrack's appeal, was divided on authorisation of copyright infringement. We analyse this interesting decision and its effects. ...
The Federal Court rules that bossy letters to Boss' customers are misleading but not threatening
The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...
Treasury Wine secures important court win in China to protect Penfolds brand
A subsidiary of Treasury Wine Estates (TWE) has succeeded in a claim against a trader operating in China (East Bright Sunshine) to protect the Penfolds brand. This will be a welcome result for brands looking to enforce their rights against infringers in China. Brand owners should consider their trade mark protection and enforcement strategies in China. ...
Australia rules on patents for computer-implemented inventions
The High Court of Australia has grappled with the question of when a computer-implemented invention is patentable. Unfortunately, for technology owners and implementers in this space, the bench was split evenly. By a technicality, the case (Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29) was decided against the patentee. In this Insight we unpack the two High Court opinions and how these approaches compare to recent case law and Patent Office practice. ...
Priority window closes soon for .au direct domain names
Further to our last update, the window for existing holders of .au domain names (eg .com.au or .net.au) to claim priority status to register matching .au direct names (eg 'allens.au' instead of 'allens.com.au') closes on 20 September 2022. ...
Food and beverage law bulletin
Latest insights on what's been happening in food and beverage law; M&A trends: ESG, innovative agriculture, craft beer and plant-based alternatives; an update on trade mark law in the food and beverage sector; and other key developments in 2022. ...
The mRNA rush
There is great potential for mRNA technology to revolutionise future vaccines, and treatment of various conditions such as rare genetic disorders, other infectious diseases and even cancer. The enthusiasm for the technology – or the 'mRNA rush' – is reflected by a spike in patent filings over the past five years, and the growing patent portfolios of key mRNA pioneers and market players. ...
Botox, floor plans and gaming machines – a High Court update
Three important IP cases are now before the High Court of Australia. They cover a range of key issues and have the potential to clarify Australian law in some key respects, and may have a significant impact on creators and innovators, as well as users of IP. ...
Mic drop – the Federal Court finds infringement of a registered design
Registered designs are an important, but sometimes overlooked, form of intellectual property. A recent Federal Court decision has reiterated a number of important principles of Australian designs law, and is a timely illustration that registered designs can be a powerful tool to help organisations protect the visual appearance of their products. ...
The great escape: tote bags found not to be works of artistic craftsmanship
In an appeal decision, the Full Court of the Federal Court of Australia affirmed a decision that a perforated neoprene tote bag was not a work of artistic craftsmanship because functional considerations outweighed visual or aesthetic ones in the design. As a result, once 50 or more of the bags had b ...