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COVID-19 — patent rights in the time of a pandemic

Fri, 06/12/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Grant Shoebridge and Jennifer Enmon PEARCE IP
Volume: 33
Year: 2020

Introduction The COVID-19 pandemic and the urgent global need for effective treatments and/or a vaccine have implications for Australia’s new Crown use and compulsory licensing patent provisions as well as similar provisions from around the globe. With these provisions, a government and in some cases a third party can access ...

Evaluating proposed reforms of Australia’s IP system to protect indigenous knowledge

Fri, 06/12/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Benjamin John and Madeleine Gandhi BANKI HADDOCK FIORA
Volume: 33
Year: 2020

Key points • IP Australia published the Protection of Indigenous Knowledge in the Intellectual Property System Work Plan 2020-21 1 (Work Plan 2020-21) in December 2019, which contains 10 proposals and action plans arising from consultations undertaken throughout 2018 and 2019. 2 • The proposals aim to resolve existing flaws in Australia’s ...

Freedom to test: patents and genetic diagnostic testing in Australia

Fri, 06/12/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Jane Nielsen and Dianne Nicol UNIVERSITY OF TASMANIA
Volume: 33
Year: 2020

The litigation over the breast cancer gene (BRCA) patents held by Myriad was keenly followed by many, primarily due to the impact it was considered it would have on the availability and cost of genetic diagnostic testing. Our research has indicated that the decision had minimal impact on the availability ...

In case of emergency … exploit rights? A summary of the Crown’s power to exercise intellectual property rights in an emergency

Fri, 06/12/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Daniel Jepson HOLMAN WEBB LAWYERS
Volume: 33
Year: 2020

Introduction Recent events, including the Covid-19 pandemic, have led to calls for governments to use privately owned intellectual property for the public interest. Contact tracing technology, testing kits, potential treatments and research analysis are just a few examples of privately generated inventions and works that may be of incredible public ...

Beer glass half empty for trade mark owner — Urban Alley Brewery Pty Ltd v La Sirène Pty Ltd

Fri, 05/29/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Ben Wilson and Kate Andean BANKI HADDOCK FIORA
Volume: 33
Year: 2020

Takeaway points: • An applicant in a trade mark infringement action should be confident in its own rights and understand the risk that it will be attacked by the respondent; are the potential consequences worth it? • It continues to be difficult to obtain monopoly rights in varietal names for ...

China’s commitment to IP protection is upfront in its Economic and Trade Agreement with the US

Fri, 05/29/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Courtney Macintosh SIPS ASIA
Volume: 33
Year: 2020

Phase 1 of the Economic and Trade Agreement between the United States of America and the People’s Republic of China was released on 15 January 2020 (the Agreement). The eight-chapter Agreement covers a range of trade issues. Importantly, intellectual property (IP) (including technology transfer) occupies pride of place in the first two chapters. ...

Commonwealth v Sanofi — Commonwealth’s bid for compensation fails

Fri, 05/29/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Rebekah Gay, Emma Iles and Aaron Hayward HERBERT SMITH FREEHILLS
Volume: 33
Year: 2020

Introduction On 28 April 2020, Nicolas J handed down the long-awaited decision in Commonwealth v Sanofi (formerly Sanofi-Aventis) (No 5) . 1 This is the first case in which the Federal Court has been required to determine the Commonwealth’s claim for compensation under the “usual undertaking as to damages”, for losses arising from an interlocutory ...

Sports data litigation wars loom

Fri, 05/29/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Martin Slattery CARROLL & O’DEA LAWYERS
Volume: 33
Year: 2020

Sports data collection is becoming a valuable asset in the lucrative online gambling market. As major players in this emerging field position for market share with exclusivity deals and the practice of policing stadiums for data scouts, courts are now becoming the arbiters of the legal tension between intellectual property ...

Dancing in time: TikTok, Fortnite and the copyright protection of dance — do TikTok users own copyright in the dance moves they create?

Wed, 04/22/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Kelly Williamson and Luke Dale HWL EBSWORTH LAWYERS
Volume: 32
Year: 2020

Key points • The protection of dance routines as choreographic works under the Copyright Act 1968 (Cth) (the Act) has rarely if ever been tested in Australian courts. • Choreographers of TikTok dance challenges and other short dance routines are unlikely to own copyright in their creations. • Recent litigation relating ...

Federal Court crunches down on peanut butter trade dress, preferring Bega’s smooth arguments

Wed, 04/22/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Belinda Breakspear and Lornagh Lomax MCCULLOUGH ROBERTSON
Volume: 32
Year: 2020

Key takeaways: • Unregistered rights in trade dress or “get-up” protect the reputation or goodwill in those rights, and are enforced through actions in misleading and deceptive conduct and the tort of passing off. • Registering key brand identifiers as trade marks is important to establish ownership and control. Relying ...

The doctrine of subconscious copying

Wed, 04/22/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Eugenie Smith and Sharon Givoni SHARON GIVONI CONSULTING
Volume: 32
Year: 2020

What effect does the doctrine of subconscious copying (the doctrine) 1 have on copyright law? In order to understand the law as it stands today, we need to first look at the development of the doctrine in the United States and Australia before critically assessing the most recent case of ...

WIPO reviews IP rights in relation to AI-generated works

Wed, 04/22/2020 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Adrian Lawrence and Julian McMahon BAKER MCKENZIE
Volume: 32
Year: 2020

Key points: • The World Intellectual Property Organization (WIPO), through consultation with its Member States and other interested parties, is in the process of developing and defining the issues at the intersection of artificial intelligence (AI) and intellectual property (IP). As part of this process, WIPO recently released a Draft ...