2012 Down Under – A sample of Interesting Cases for Brand Owners
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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?
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?
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
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.