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ArtBrands when dogs eat Beuys: A collection by Michael Klant

Fri, 03/23/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Hatje Cantz, distributed by Tower Books RRP $50 ISBN 9783775721165 Reviewed by Sharon Givoni
Volume: 21
Year: 2008

IP Lawyers are often called to advise on the proposed use of celebrity names in a commercial context. In a first of its kind, this new release features a collection of day-to-day products that employ the names of well-known artists, which sometimes double up as the inventor of the product ...

Copyright in project homes: Metricon Homes Pty Ltd v Barrett Property Group Pty Ltd

Fri, 03/23/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Michael Paphazy MADDOCKS
Volume: 21
Year: 2008

The Full Federal Court has recently considered whether replicating a particular feature of building plans for project homes amounts to the reproduction of a substantial part of the plans and therefore infringes copyright in those plans. 1 The test for what constitutes a substantial part of a copyright work is ...

Harry Potter and the Lexicon of Doom

Fri, 03/23/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Dr Matthew Rimmer AUSTRALIAN NATIONAL UNIVERSITY
Volume: 21
Year: 2008

JK Rowling is the author of the seven-book Harry Potter series, which tell the story of the young wizard, Harry, and his battles with Voldemort, the Lord of Darkness. As the court papers noted, ‘The Harry Potter Books are a modern day publishing phenomenon and success story.’ 2 Warner Bros ...

Intellectual Property and Biotechnology: Biological Inventions

Fri, 03/23/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Matthew Rimmer Edward Elgar Publishing, Distributed by Marston RRP $85 (hardback, 392 pp) ISBN 9781845429478 Reviewed by Sharon Givoni
Volume: 21
Year: 2008

Written by Matthew Rimmer, a senior lecturer at the ANU College of Law and associate director at the Australian Centre for Intellectual Property in Agriculture (ACIPA), this book considers how the patent system has accommodated and adapted to the recent developments in the life sciences. In particular, it examines the ...

New regime for registered trade mark and patent attorneys

Fri, 03/23/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Jane Turbayne IP AUSTRALIA
Volume: 21
Year: 2008

Important changes affecting Australian registered patent and trade mark attorneys came into effect on 1 July 2008, making significant changes to regulatory and disciplinary regimes. The changes are the result of comprehensive reviews conducted by the Professional Standards Board for Patent and Trade Marks Attorneys (the Board) and widespread consultation. ...

What's mine is my own: employed academics' patent ownership

Fri, 03/23/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Amanda McBratney MCCULLOCH ROBERTSON LAWYERS and Michael Finney QUTBLUEBOX
Volume: 21
Year: 2008

University of Western Australia v Gray (No 20) [2008] FCA 498; BC200802595 ‘The university doesn't own that lucrative invention made by our employed academic!’ It's the stuff of every university intellectual property (IP) manager's worst nightmare. Unfortunately for the University of Western Australia (UWA), the nightmare was realised in French ...

A new canvas for Australian visual artists? Inside the proposed Australian resale royalty scheme

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Rebecca Kiu SOLICITOR
Volume: 21
Year: 2008

After a long gestation, Australia is about to give birth to its first resale royalty scheme. The Federal Government released an Options Paper 1 on the topic earlier this year in preparation for a Bill that was listed for introduction in the Parliament's June 2008 sittings. While, disappointingly, the Bill ...

Business methods: what are they and can we patent them?

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Matthew Ward and Stuart Smith SHELSTON IP
Volume: 21
Year: 2008

Traditionally, there has been a perception that patentable technologies stem primarily from cutting-edge research facilities and, to a lesser extent, from the creative (and often eccentric) minds of backyard inventors. However, commercial success in modern markets is by no means predicated solely on groundbreaking pharmaceuticals, microprocessors, engineering and the like. ...

Fashion industry keeping up with IP trends

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Daniel Lo ACTUATE IP
Volume: 21
Year: 2008

IP Australia, The Australian Fashion Industry and The Fashion Group International recently conducted a survey aimed at measuring the intellectual property awareness of members of the fashion industry. Of the 450 industry members Australia-wide who were asked to complete the survey, 79 responded — most of whom were either designers ...

IP Casenote — Absence of inventive step leaves bitter aftertaste in sweetener case

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter Chalk and Duncan Longstaff BLAKE DAWSON
Volume: 21
Year: 2008

The case of Ajinomoto Co Inc v NutraSweet Australia Pty Ltd 1 involved an appeal by Ajinomoto Co Inc (Ajinomoto) from the first instance decision of Finkelstein J to revoke its patent claiming blends of particular intense sweeteners. The application for revocation was made by NutraSweet Australia Pty Ltd (NutraSweet). ...

IP Casenote — Footwear shapes can function as trade marks

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter Ryan ALLENS ARTHUR ROBINSON PATENT & TRADE MARKS ATTORNEYS
Volume: 21
Year: 2008

The recent Australian Federal Court decision of Global Brand Marketing Inc v YD Pty Ltd [2008] FCA 605; BC200803168 confirms previous and well-established decisions: that provided shape trade marks are not purely functional and have other distinguishing features they are perfectly capable of indicating origin and are to be treated ...

IP Casenote — Ice's slivers too substantial for Nine

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sarah Waladan MINTER ELLISON LAWYERS
Volume: 21
Year: 2008

Nine Network Australia Pty Ltd v IceTV Pty Ltd Nine Network Australia Pty Ltd v IceTV Pty Ltd [2008] FCAFC 71 ; BC200803229 On 8 May 2008, the Full Federal Court allowed Nine's appeal against the Federal Court's decision in Nine Network Australia Pty Limited v IceTV Pty Limited [2007] ...

IP Casenote — Is receipt of source code an implied term of an assignment or licence of custom software?

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter Knight CLAYTON UTZ
Volume: 21
Year: 2008

Centrestage Management Pty Ltd v Riedle Centrestage Management Pty Ltd v Riedle [2008] FCA 938 ; BC200804738 It should be well understood by now (although the appellant in these proceedings was unaware nonetheless) that copyright in works made by a contractor under commission belongs to the contractor in the absence ...

IP Casenote — One bourbon, one Scotch, one appeal

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Trevor Stevens DAVIES COLLISON CAVE
Volume: 21
Year: 2008

Scotch Whisky Association v De Witt Scotch Whisky Association v De Witt (2008) FCA 73 ; BC200800600 In opposing registration of the trade mark GLEN OAKS, the Scotch Whisky Association (the Association) sought to compel the applicant for that trade mark to restrict its goods, insofar as whisky and whisky-based ...

IP Casenote — Safe as houses? Copyright infringement in Inform Design and Construction v Boutique Homes

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Jonathan Feder MIDDLETONS
Volume: 21
Year: 2008

In the last few years, there have been several landmark cases involving claims of copyright infringement in house plans, which have highlighted the need for architects and drafting technicians to avoid having reference to other builders' plans and to keep documents to demonstrate their process of independent creation. On 18 ...

Judging the distinctiveness of designs: who is the ‘informed user’?

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Craig Gleghorn WATERMARK
Volume: 21
Year: 2008

In determining whether a design is substantially similar in overall impression, the Designs Act 2003 (Cth) (2003 Act) requires an assessment made through the eyes of an ‘informed user’. What does that mean in practical terms? Recent decisions issued by the Australian Designs Office have helped to clarify the characteristics ...

Marketing Law

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: by Peter Gillies and Niloufer Selvadurai Federation Press RRP $70 (paperback, 400 pp) ISBN 978 1 86287 699 6 Reviewed by Sharon Givoni
Volume: 21
Year: 2008

Now in its first edition, this newly released text covers the broad topic of marketing law and is a useful addition to other marketing law publications such as Butterworths' Marketing and the Law by Bruce Clarke and Brendan Sweeney (now in its third edition). Written by Professor Peter Gillies and ...

NEW BOOK

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: CRC Press, distributed by Palgrave Macmillan RRP $90 (paperback, 272 pp) ISBN 9781420053470 Reviewed by Sharon Givoni
Volume: 21
Year: 2008

This book is one of several volumes of the Perspectives in Nanotechnology series, which includes ethical, environmental, business and workforce development issues. At a very basic level, nanotechnology is the engineering of functional systems at the molecular scale resulting in new products such as stain-free materials, antimicrobial coatings used in ...

Patent and trade mark ‘gold rush’ in a carbon-constrained economy

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Dr Justin L Blows GRIFFITH HACK PATENT AND TRADE MARK ATTORNEYS
Volume: 21
Year: 2008

The Australian Government's recent Carbon Pollution Reduction Scheme Green Paper 1 and related documents, 2 foreshadow a dramatic shift in the technologies and behaviour that determine the carbon intensity of the Australian economy. This article discusses the special needs of patent applications for climate change mitigation technologies, and the rapidly ...

Stop! In the name of love: moral rights, art works and advertising

Tue, 03/13/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Scott Coulthart LEGALIT LAWYERS
Volume: 21
Year: 2008

In December 2007, the Cairns Pos t published a colour pictorial advertisement for men's beach wear in an issue of the Cairns Eye , which is Cairns Post 's weekly colour magazine insert. As they often did before photo shoots of this nature, in order to promote local business, the ...

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