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What's happening in intellectual property - April 2024
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
'Oh why' did you copy me? 'Oh I' did no such thing - the UK High Court rules in favour of Ed Sheeran in copyright dispute
The UK High Court has ruled in favour of Ed Sheeran in a copyright dispute concerning his hit song 'Shape of You'. The court held that Ed Sheeran had not, deliberately or subconsciously, copied the hook of an earlier song, 'Oh Why'. We consider this fascinating decision in more detail below. ...
Banksy stops unauthorised merchandising in Italian museum
A company called Pest Control, which claims to act on behalf of the anonymous street artist Banksy, has won a trade mark infringement claim against an art exhibition organiser for selling Banksy merchandise in a museum gift shop. ...
The Federal Court bores down into the 'experimental purposes' exemption to patent infringement
The Patents Act 1990 (Cth) provides an exemption to patent infringement in relation to acts 'done for experimental purposes'. However, the exemption had not (until recently) been considered by any Australian court. More than a decade after the exemption was introduced, the Federal Court has provided ...
Where did you get those shoes? Manolo Blahnik seeks preliminary discovery against Estro Concept
Luxury shoe brand Manolo Blahnik sought preliminary discovery from designer outlet store Estro Concept (Estro) to determine whether it had a right to obtain relief for trade mark infringement and misleading conduct. ...
Brace for the Twitterstorm – US appeals court to decide whether embedded Tweets infringed copyright
A US district court judge has found that several online publishers infringed copyright when they embedded Tweets featuring a photograph protected by copyright. The decision has now been appealed, and could have far-reaching consequences for online media outlets. ...
Make sure your IP doesn't end up in the bin!
A recent Australian Patent Office decision is a salient reminder to carefully assess the contribution of all those involved in design projects, so as to identify who is an inventor. Failure to do so can have serious consequences down the track, affecting the ownership of an invention and the ability ...
Changes to Australia's IP laws are on the way
IP Australia has released draft legislation implementing the Federal Government's response to the Productivity Commission's inquiry into IP arrangements. ...
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 ...
Sachin hits Spartan for six
The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...