Intellectual Property & eCommerce
FocusPapers in the area of Intellectual Property & eCommerce.
Australia - Trade Marks - Protecting Intellectual Property: Seizure by Australian Customs of Goods that Infringe Australian Trade Marks
9 March 2010
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
Counterfeit goods are becoming available increasingly in many jurisdictions around the globe, including Australia, thereby depriving rights owners of significant income derived from their creative endeavours. In many circumstances, goods are brought into Australia without regard to Australian intellectual property rights. For Australian trade mark owners, a simple procedure is available under the Trade Marks Act which provides a practical and useful avenue to protect their trade marks. This involves working with the Australian Customs Service (Customs) to seize potentially infringing goods upon importation.
Copyright Infringement - Australia - Nintendo settlement gives warning to individual copyright infringers and pirates - Unauthorised Wii games downloads - watch out for copyright infringement
19 February 2010
Author: Jamie Nettleton, Partner, Karen Hayne, Partner and Susan Darmopil, Senior Associate
Practice area: Intellectual Property & eCommerce
A warning was issued to copyright pirates earlier this month when a claim made by the video game company Nintendo Co Ltd (Nintendo) against an Australian individual for illegally copying and uploading to the Internet its new Super Mario Bros Wii game was settled. As a result, the pirate, 24 year old James Burt of Brisbane, will pay AUD$1.5 million to Nintendo by way of damages to compensate Nintendo for the loss of sales revenue caused by his actions. In addition, the Federal Court has ordered Mr Burt to pay AUD$100,000 towards Nintendo's legal costs.
Have Your Say Before 28 February 2010 - Should computer games have an R 18+ adult classification category like films do in Australia?
17 February 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The Federal Government's December 2009 discussion paper calls for submissions from the community on the subject of whether an R 18+ classification category should exist for computer games in the same way it does for films. Submissions are due by close of business on 28 February 2010. Circumstances surrounding the debate, and the key arguments likely to be submitted by the public, are set out and explored in this FocusPaper.
Revised Children's Television Standards for Commercial Television
29 January 2010
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Intellectual Property & eCommerce
With the commencement of the Children's Television Standards 2009 (CTS) on 1 January 2010, the standards relating to advertising and product promotion to children have been clarified and strengthened following widespread community concern over the effect of food and beverage advertising on children.
Appointment to ICANN's Joint International Domain Name Working Committee
29 January 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
Addisons' intellectual property partner, Karen Hayne, has been appointed as a member of the Internet Corporation for Assigned Names and Numbers (ICANN) new Joint Internationalized Domain Name (IDN) working group.
Mandatory Internet Censorship in Australia?
28 January 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
In December 2009, the Australian Federal Government released the results of a trial of Internet filtering technology and announced its intention to proceed with a controversial plan to introduce mandatory Internet filtering in Australia.
Australia - Announcement of Privacy Reforms - Privacy Regulation to be Simplified.
4 November 2009
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
Last month, the Federal Government announced that it will overhaul the privacy laws of Australia and implement a consistent privacy law regime. These changes will represent the most material reforms to Australian privacy law since the Privacy Act 1988 (Cth) was introduced over 20 years ago.
SMH Article: Katie versus Katy - why it pays to protect your ideas (and your name)
24 September 2009
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
Article by Julianne Dowling published on smh.com.au on 23 September 2009 - quoted intellectual property partner, Jamie Nettleton.
Lawyers Caught in Web
10 August 2009
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
Article by Katherine Hartmann published in The Australian on 8-9 August - Interview with Karen Hayne
Resolving Trade Mark Opposition Proceedings Faster
5 August 2009
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
IP Australia has recently released a consultation paper entitled "Resolving Trade Mark Opposition Proceedings Faster". This paper sets out a number of proposals which are directed at improving the Australian intellectual property system and is aimed particularly at resolving trade mark oppositions in a more efficient manner.
Call to Trade Mark Owners to Have Their Say - New Proposed Generic Top Level Domains
17 June 2009
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The domain name space is set for a dramatic change when the new proposed generic top level domains are introduced (gTLDs). The changes will allow the creation of new domains, for example .your trademark or .your company name. The stage is therefore set for conflicting interests in choice and use of such new domains on a global basis. Trade mark owners currently have an opportunity to consider the proposals for the new domains and have their say.
Facebook launches custom URLs - how to protect your trademark
15 June 2009
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
Boardroom Radio Interview with Karen Hayne - Mon, 15 Jun 2009 01:45PM With over 200 million users worldwide, wildly popular social networking website Facebook has recently announced it will make available personalised URLs for its users from 13 June 2009 at 12.01am U.S EDT (2.01pm Saturday Australian Eastern Standard time).
Facebook - Possible Misuse of Your Trade Mark - How to Protect Your Trade Mark on Facebook
12 June 2009
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
With over 200 million users worldwide, wildly popular social networking website Facebook has recently announced it will make available personalised URLs for its users from 13 June 2009 at 12.01am U.S EDT (2.01pm Saturday Australian Eastern Standard time).
Consumer Law Changes - Summary
21 May 2009
Author: Jamie Nettleton, Partner
Practice areas: Intellectual Property & eCommerce and Marketing & Advertising
Proposed legislation could have the effect that all standard form contracts used by businesses containing certain terms will no longer be enforceable. Also, companies (and their officers) seeking to enforce terms which are prohibited could be subject to fines.
Australia - Copyright in Databases/Compilations - The Ice Case - Is any use of information in a database subject to copyright permitted? Nine Network Australia Pty Limited v IceTV Pty Limited [2009] HCA 14
6 May 2009
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
n 22 April 2009, the High Court of Australia allowed an appeal by IceTV Pty Limited ("IceTV"), finding that there was no infringement by IceTV of copyright held by Nine Network Australia Pty Limited ("Nine") in its television program schedules . The High Court unanimously held that IceTV did not infringe Nine's compilation copyright as there was no substantial reproduction of Nine's program titles and times in IceTV's subscription-based electronic program guide for television.