IP Australia Fee Changes
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……
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?
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 …..
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
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
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
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"
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
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?
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
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?
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?
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
Dallas Buyers Club, LLC v iiNet Limited & Ors  (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!
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
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
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
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
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
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
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
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?
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
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
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
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
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
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?
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
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.