Proposed new website blocking powers for the Federal Court

There has been a great flurry of activity in the online copyright infringement space lately. Along with the Dallas Buyers Club decision (see our previous post here) and the proposed Industry Code for a copyright Notice scheme (here), the Government has recently introduced a Bill that would give the Federal Court a power to block overseas website that have the …

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Scrambling for the win: Mattel and Zynga in the UK Court of Appeal

Toy manufacturing giant Mattel has won out in the final round of its recent dispute with social game services provider Zynga (of Farmville and Words with Friends fame) in the United Kingdom Court of Appeal. Overturning the decision of the High Court, the Court of Appeal found that Mattel owned a valid trade mark for SCRAMBLE which was infringed by …

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Dallas Buyers Club – Court to order the (conditional) disclosure of customer details following allegations of copyright infringement

On 7 April, Justice Perram of the Federal Court of Australia found that iiNet and five other ISPs should provide the names and addresses associated with 4,716 IP addresses to Dallas Buyers Club and Voltage Pictures. Dallas Buyers Club and Voltage (with rights in the movie, Dallas Buyers Club) had alleged that the IP addresses had been used to infringe …

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Getting mathematical about a musical treasure: “I Am Australian” in the Copyright Tribunal

Back in November 2014 we reported that the iconic song, I Am Australian, was in the midst of a legal dispute in the Copyright Tribunal of Australia (Tribunal) between one of its co-authors, Bruce Woodley of The Seekers, and the Commonwealth Government.  You can read more about the background to the dispute here. What’s the update? In summary, Mr Bruce …

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The Harper Review (IP Update)

We previously reported on the Competition Policy Review Panel’s Draft Report on the effectiveness of Australia’s current competition laws and policy (see our earlier post here). As well as competition issues, the review also examined the impact of the intellectual property regime on innovation, trade and competition policy. Yesterday, the Panel released its Final Report (which can be accessed here). …

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Blindsided on prior use

A recent decision of the Full Court of the Federal Court reaffirms that not every prior use of an invention will be novelty defeating (see Damorgold Pty Ltd v JAI Products Pty Ltd [2015] FCAFC 31). Damorgold’s patent related to a spring assisted mechanism for controlling blinds. JAI briefly marketed (but did not sell) a RolaShades product in Australia which possessed …

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Extension of time provisions in the Patents Act cannot prevent “the Sword of Damocles” from falling

The Full Federal Court in Sunesis Pharmaceuticals Inc v Commissioner of Patents [2015] FCAFC 29 clarified that section 223(2) of the Patents Act, which allows the Commissioner of Patents to grant an extension of time to complete a required act, cannot be used to delay the effects of the commencement of legislative amendments. Specifically, the Court found that section 223 …

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