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IP Australia Fee Changes
2/9/2016
Changes to IP Australia's official fees will take place from 10 October 2016. Below is an outline of the fee changes with a focus on trade marks.
All is fair in Love, War and Search Engine Optimisation? Not quite, but using a Competitors' Brand as Google AdWords, may well be……
21/6/2016
Search Engine Optimisation for online businesses is an important issue, which requires the expenditure of significant time, money and effort to manage and utilise, to the fullest advantage of the business.
Raising The Bar update - Too high or not high enough?
30/5/2016
On 15 April 2013, the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (RTB Act) came into force in Australia. The RTB Act gave rise to a number of significant changes across Australia's intellectual property legislation.
VPN? "Virtual Private Network" & "Very Peeved Netflix"? The Battle for Control of Overseas Content Continues …..
23/2/2016
Last weekend streaming company Netflix again tried to ramp up its blocking of users accessing its content (from locations other than that of the user) via Virtual Private Networks (VPNs).
Game Over……Pirates and ISP's One, Dallas Buyers Club Nil…….But will there be a rematch? The final word on the Dallas Buyers Club piracy Case
12/2/2016
The deadline expired on Thursday 11 February 2016 for Dallas Buyers Club LLC (DBCL) (makers of the film Dallas Buyers Club) and Voltage Pictures LLC to appeal the latest decision of his Honour Justice Perrami in this long running dispute against iiNet and various other internet service providers (ISPs) for copyright infringement.
Tracking your online life? Data Retention Laws Update
24/12/2015
It has been described as a mass data retention policy, a justified expansion of rules on data or a breach of privacy and civil liberties. Whatever it is, or your views about it, Australia's expanded data retention laws are now operative.
That's the ball game Y'all - Federal Court dismisses Dallas Buyers Club piracy case
17/12/2015
The Federal Court has now dismissed this case after iiNet failed to convince the presiding Judge, Perram J, of an acceptable solution to accessing and using relevant iiNet account holder information.
It's my colour and I will trade mark it if I want to … or not …"Hello Yellow"
16/11/2015
When registering a trade mark in Australia over a brand name or characteristic, registering a colour can be a stumbling block, and is often unsuccessful. Could it be that the next best thing is to protect the word mark for the colour?
Speculative Invoicing – not the Australian way
14/9/2015
We have previously reported on the piracy case brought by Dallas Buyers Club LLC (makers of the film Dallas Buyers Club (DBCL)) and Voltage Pictures LLC against iiNet and other internet service providers (ISPs) for copyright infringement.
The New Copyright Amendment (Online Infringement) Bill 2015 has passed – is this a win for Copyright Owners?
25/6/2015
Hot on the heels of the Dallas Buyers’ Club proceedings, copyright owners have been provided with another tool in their armoury to prevent infringement of their content. But will it be the kryptonite copyright owners are seeking against piracy?
Landmark Piracy Case - ISPs to Hand Over Customer details
9/4/2015
We previously reported on the landmark piracy case filed by Dallas Buyers Club LLC (DBCL) (the company that owns the rights to the 2013 film, Dallas Buyers Club (Film)). The Federal Court of Australia has now ordered iiNet Limited (iiNet) and other internet service providers (ISPs) named in the proceedings to provide to DBCL personal information of Australian customers suspected of illegally downloading the Film.
Permissible Conduct for Owners of an Expiring Patent – Were Pfizer's actions a LEAP too far?
31/3/2015
In the recent high profile case, ACCC v Pfizer (Pfizer), Justice Flick held that Pfizer, in making commercial offers to maintain the sale of its popular Liptor pharmaceutical product after the expiry of its patents, did not breach the misuse of market power and exclusive dealing provisions of the Competition and Consumer Act 2010 (Cth) (CCA).
Proposed New Data Retention laws in Australia – essential change or a step too far?
13/3/2015
The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (the Bill) was introduced into the House of Representatives by Communications Minister Malcolm Turnbull on 30 October 2014.
Australian Solution to Piracy – Industry Code for Internet Service Providers
5/3/2015
Dallas Buyers Club, LLC v iiNet Limited & Ors [2014] (Federal Court). There have been significant developments in Australia recently in respect of dealing with online piracy.
Intellectual Property Laws Amendment Act 2015 – Australia - Doing the Right Thing and Doing Things Right!
12/2/2015
The Intellectual Property Laws Amendment Act 2015 (the Act) was passed by the Senate on 9 February 2015.
Patentability of Computer-Implemented Schemes in Australia
19/12/2014
In a recent case, Research Affiliates LLC v Commissioner of Patents , the Full Court of the Federal Court of Australia (Full Court) considered whether a computer implementation of an otherwise unpatentable business scheme was sufficient to render that method patentable.
Google AdWords and the Right To Fair Competition v The Rights of Trade Mark Owners – A Battle in the UK
17/12/2014
In the long running dispute between Interflora Inc (Interflora) and Marks & Spencer (M&S) in the United Kingdom, the English Court of Appeal has overturned the decision of the English High Court and has remitted the matter back to the High Court for a retrial.
Trade Mark or common place word? Cantarella Bros Pty Limited v Modena Trading Pty Limited – High Court determines trade mark dispute over use of foreign words for coffee products
8/12/2014
The High Court of Australia has delivered its decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited (Cantarella Case).
Duty of Care: Owners and Occupiers of Retail Premises - Woolworths Ltd v Ryder
15/8/2014
In the recent decision, Woolworths Ltd and Ryder, the NSW Court of Appeal (the Court) considered whether Woolworths Ltd (Woolworths) owed a duty of care to users of a common area near the entrance of its premises in circumstances where the hazard was created by use of a product purchased from Woolworths. The Court found in favour of Woolworths and held that a duty of care was not owed by Woolworths in those circumstances.
This is an interesting and particularly relevant case for owners or occupiers of retail premises. We examine below the factors that are relevant in determining whether a duty of care should be imposed.
Do You Understand Your Licence and What Terms Survive Termination? Beware the Litigation Clause
6/8/2014
The Full Federal Court has determined that a licensee to a licence agreement is liable to contribute towards the licensor’s costs of patent infringement proceedings initiated by the licensor during the term of the agreement, despite the agreement having expired.
Kosciuszko Thredbo's Appeal receives a Frosty Reception from the Full Federal Court - the difficulty with geographic and descriptive brands
25/7/2014
On 21 July 2014 the Full Federal Court (Siopis, Rares and Katzmann JJ) delivered its judgment in the Kosciuszko Thredbo Pty Ltd v ThredboNet Marketing Pty Limited Appeal1. The Appeal was wholly unsuccessful and we look below at the reasons why and what this decision means for brand owners with geographical or descriptive brands.
Further Changes in Store for Australia's Google AdWords Trademark Policy
14/7/2014
Australia's Google AdWords Trademark Policy (Policy) will soon be updated so that it falls into line with the rest of the world in relation to its Reseller and Information Site criteria.
Will Alcohol Brand Owners be the Next to Face Extensive Limitations on their Ability to Advertise and Use their Brands?
12/6/2014
In 2011 Australia was the first country to introduce legislation which limited the ability of brand owners to use their trade marks on packaging, requiring all tobacco products to be sold in plain packaging.
Indicia and Images of Major Sporting Events Will be Protected
6/6/2014
The Major Sporting Events (Indicia and Images) Protection Act 2014 (Cth) (Act) received royal assent on 27 May 2014. Most provisions of the Act will come into effect on 1 July 2014.
New Zealand High Court Weighs in on Google AdWords - Brand Owners Continue to Navigate Acceptable Online Brand Use
29/4/2014
A number of our previous Focus Papers have dealt with the evolving legal issues surrounding on-line brand use, particularly advertising and use of Google's AdWords.
Protecting your Brand Overseas – Important changes to Chinese Trade Mark Law
1/4/2014
Some of our previous Focus Papers have touched on the territorial nature of trade mark rights and the importance of protecting your brand in each country in which you intend to trade. The cultural, political and economic relationships between China and Australia have grown considerably over the past few decades.
Parallel Imported Products and Counterfeit Goods – Direct Selling Companies Protect Your Brands – Lodge a Notice of Objection with Customs
26/3/2014
Direct selling companies may either have trade marks registered in Australia or be an authorised user of an Australian trade mark.
Twitter Not Immune from Social Media Liability - A Timely Reminder to Check your Social Media Policy
21/3/2014
The evolution and increased use of social media has required businesses to grapple with this new medium. Those without a robust social media policy expose the business to a myriad of possible adverse issues which may arise. The first Australian Twitter-based defamation case to proceed to trial has provided a timely reminder of the possible exposure and adverse impacts which can result from misconduct via social media.
Is Your Brand Protected Internationally?
25/2/2014
One of the common errors brand owners make when seeking protection of their trade marks is the failure to recognise that only seeking to protect their trade marks in Australia, means that their trade marks will not generally be protected in other countries.
Is Your Brand Protected Internationally?
13/2/2014
One of the common errors brand owners make when seeking protection of their trade marks is the failure to recognise that only seeking to protect their trade marks in Australia, means that their trade marks will not generally be protected in other countries.
AUSTRALIA'S EVOLVING LEGAL POSITION ON USE OF OTHER TRADER'S BRANDS IN ONLINE ADVERTISING
31/1/2014
The law in Australia continues to develop regarding use of competitor brands including use in domain names, in the content of online ads and use of Google Adwords.
New gTLD Delegation and Sunrise Periods – The New Internet world is Here! – Are you Prepared?
20/12/2013
One of the Internet Corporation for Assigned Names and Numbers (ICANN) approved Domain Name Registries (Donuts Inc.) has now launched its 60 day Sunrise Period in respect of seven new generic top-level domains (gTLDs).
Putting Your Valuable Intellectual Property Rights in the Glove Box for a Rainy Day? - There May be a Road Block Ahead
22/8/2013
Successfully securing your valuable intellectual property rights is important. But it is only part of the story. If you fail to identify infringements of those rights and, importantly, take action to enforce those rights promptly, then those rights might be limited or lost.
2012 Down Under – A sample of Interesting Cases for Brand Owners
15/5/2013
Parallel imports, overseas brands and the registrability of building names came under scrutiny from the Australian Courts in 2012. As some of the cases demonstrate, the application of even long-established trade mark protection principles can evolve.
Australian Customs – Raising the Bar on Copyright and Trade Mark Protection
15/5/2013
On 15 April 2013 many of the provisions of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 ("Raising the Bar Act") came into effect.
Rights holders (Objectors) will be particularly interested in the changes to Australian Customs seizure procedures in relation to trade marks and copyright.
The changes brought about by the Raising the Bar Act are discussed below.
Australian Trade Marks - Important Reforms in Australian Trade Mark Law Come into Force on 15 April 2013 - The Intellectual Property Laws Amendment (Raising the Bar) Act 2012
11/4/2013
The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (the Act) comes into force on 15 April 2013. This will (among other changes): 1. implement significant changes to the practice applicable to both trade mark opposition and removals; 2. introduce new procedures relating to customs notices, 3. provide for higher penalties; and 4. allow the incorporation of trade marks attorneys.
Brand Owners Act Now to Protect Your Trade Marks
4/3/2013
The new generic top level domains (gTLDs) will launch this year. As part of the agreed trade mark protection measures, the Internet Corporation for Assigned Names and Numbers (ICANN) has announced that the Trademark Clearinghouse (TMCH) will be up and running and accepting notification of trade marks from 26 March 2013.
Watch Your Language - New R18+ Games Classification
29/1/2013
The Commonwealth Classification (Publications, Films and Computer Games) Act 1995 has been amended to include an R 18+ category for computer games. This Act relates to activities in the Australian Capital Territory. As part of a collaborative scheme, other Australian States and Territories have enacted similar complementary legislation (with the exception of Queensland).
Domain Name System Revolution Part 4: Update on the Trademark Clearing House and the ‘Strawman Solution’ – Opportunity to Comment
12/12/2012
ICANN recently conducted meetings with various stakeholder representatives with a view to completing discussions on the proposed Trademark Clearinghouse and its associated rights protection mechanisms. We discussed the Trademark Clearinghouse in detail in Part 3 of this discussion series ‘Domain Name System Revolution Part 3: Update on the Introduction of the New gTLD Scheme to the Internet Domain Space’. Members of multiple GNSO (Generic Names Supporting Organisation) bodies took part in these meetings.
Domain Name System Revolution Part 3: Update on the Introduction of the New gTLD Scheme to the Internet Domain Space
17/9/2012
In November 2010, we prepared a paper on the proposed introduction of new generic top level domain names. Nearly two years on, this paper takes another look at the new gTLD scheme to track its progress and to address what clients can do to prepare for its commencement.
Whose Business (Name) is it Anyway? – Implications of the National Business Name Registration System
2/3/2012
On 3 July 2008 the Council of Australian Governments approved the establishment of a national business name registration system. This system, which has been announced by the Australian Securities and Investments Commission as coming into effect on 28 May 2012, will replace the current ‘state by state’ business name registration system.
.xxx Sunrise Period Begins: How to Prevent Others from Registering YourBrand.xxx
8/9/2011
The "sunrise period", the first registration period of the .xxx domain name creation process, has begun.
New Generic Top Level Domain Names Update: With Icann's Colombia Meeting Underway, Some Important Decisions Are About To Be Made On The Timing Of The New Gtld Program
10/12/2010
Since the publication of our last FocusPaper update on the new generic Top Level Domain Name program, the Proposed Applicant Guidebook was released and a number of important announcements were made by the Internet Corporation for Assigned Names and Numbers regarding the program's likely commencement date.
Domain Name System Revolution Part 2: Internationalised Domain Names country code - Top Level Domains
24/11/2010
The implementation of Internationalised Domain Name country code Top level Domains which commenced this year is the second tranche of the revolutionary changes currently being made to the domain name system. The first tranche was covered in our FocusPaper "Domain Name System Revolution Part 1: Generic Top level Domain Names" published 1 November 2010.
Domain Name System Revolution Part 1: Generic Top Level Domain Names
1/11/2010
As detailed in our previous FocusPapers, extensive changes to the domain name system are on the horizon.
Held to be the biggest change to domain names since the emergence of the Internet in the late 80s, the introduction of new generic Top Level Domain Names (gTLDs) will enable companies and organisations to apply for and operate their own personalised domain space.
Update – Australia's Mandatory Internet Filter
15/7/2010
On 9 July 2010, the Government announced that its controversial mandatory Internet filter would be deferred for at least 12 months while a review of Australia’s Refused Classification standard was conducted.
The New Resale Royalty for Artists - Recent Steps Toward the Implementation and Administration of the Resale Royalty Scheme for Visual Artists Set to Commence on 9 June 2010
22/4/2010
From 9 June 2010, Australia will have in place a Resale Royalty Scheme for Visual Artists (Scheme) pursuant to the provisions of the recently enacted Resale Royalty Right for Visual Artists Act 2009 (Cth) (Act).
Copyright Infringement – Australia – Nintendo settlement gives warning to individual copyright infringers and pirates
19/2/2010
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?
17/2/2010
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.
Mandatory Internet Censorship in Australia?
28/1/2010
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.
Appointment to ICANN’s Joint International Domain Name Working Committee
21/1/2010
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.
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