61-70 of 183 results
Copyright in software – the latest word from the Federal Court
The Federal Court has handed down its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2021] FCA 809 in a decision with important implications for copyright enforcement in software under Australian law. ...
World first: Australia says ‘yes’ to AI inventors
The decision in Thaler v Commissioner of Patents [2021] FCA 879 is the first judicial determination in the world in favour of AI systems being named as inventors of a patent. The availability of patent protection for AI-generated inventions is a vexed and controversial issue. ...
Defamation in the digital age – beware of social media comments
The NSW Court of Appeal has recently reaffirmed the ruling that administrators of public Facebook pages can be held liable as publishers of comments posted to their pages by members of the public. ...
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. ...
Decision on Love is (up) in the Air
Music duo Glass Candy and airline Air France were found to have infringed the copyright in the iconic 'Love is in the Air' with the songs 'Warm in the Winter' and 'France is in the Air'. With a number of issues unresolved, this remains a case to watch. ...
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
Sussex Royal – financial independence or cashing in on the crown?
The Sussex Royal trademark saga is a reminder that a proactive IP protection strategy is 'royally' important when seeking to launch and protect well-known brands. ...
IP Australia releases new guidance on classifying emerging technology trade marks
IP Australia recently released new guidance on how to classify trade mark goods and services that relate to the emerging technologies of virtual goods, the metaverse, non-fungible tokens (NFTs) and blockchains. We outline how the guidance may be relevant to your business and also provide some practical suggestions for dealing with applications and registrations affected by it. ...
Australian Government takes its $325 million damages claim to the High Court in Commonwealth v Sanofi
The Full Court has confirmed that the Australian Government is not entitled to any damages from Sanofi and Bristol-Myers Squibb. In this Insight, we examine the appeal decision and consider its implications for patent infringement proceedings relating to pharmaceutical products. ...
Why intellectual property should be a key component of your ESG agenda
In this Insight, we unpack a number of IP considerations that should be integrated into a comprehensive ESG approach. ...