Yearly Archive for: ‘2011’

Seasons Greetings… and a break!

Our third anniversary of IP Whiteboard has come round quickly, and fertile discussions about IP only continue to grow.

We are going to take a short break to eat festive turkey, lie on a beach, and think about our forthcoming 2012 posts. 

We do hope that all our readers enjoy the festive season too.  We hope it’s safe and happy, with a big thanks for your support over the last 12 months.  See you soon.

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RIAA isn’t buying ReDigi’s second hand digital music

A new website based in the US called ReDigi launched recently, offering consumers a way to sell their ‘used’ digital music files.  Second hand digital music markets raise some interesting copyright issues, with different implications for jurisdictions across the world.

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Fair dealing or freeloading? iTunes previews to face the music…

Earlier this month, the Supreme Court of Canada heard five copyright cases on appeal from Canada’s Copyright Board (the “Board”).  The cases have far reaching implications for copyright owners and users alike.  The legality of photocopying textbooks for school children and previewing songs on iTunes is at stake, as is the right of copyright owners to receive royalties for music downloaded by consumers as part of video games. 

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Making its Mark: “Occupy Wall Street” Files Trade Mark Application

On 24 October 2011, organisers from the unincorporated association “Occupy Wall Street” filed an application to trade mark their name with the U.S Patent and Trademark Office (“USPTO”).  The movement is interested in protecting the phrase for merchandise such as bags, clothing, luggage and headwear, in newsletters and periodicals and on a website featuring educational materials related to the Occupy Wall Street movement including photographic, audio, video and prose presentations.

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Cabinet reshuffle includes changes to key IP portfolio

On Monday the Prime Minister announced a cabinet reshuffle which will have some impact on the key IP portfolio, Innovation, Industry, Science and Research (as it is presently known). 
 
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UK phone hacking scandal – the copyright edition

As many of us know, deleting something from a phone, laptop or computer doesn’t mean it is actually “deleted.”  This is because deleting a file (including a text message) is but the first step in permanently removing that file from any electronic device.  It’s why you are readily able to restore your uni paper, Christmas card list, or uber-important work document (phew!) from the Recycle Bin on your desktop. 

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Can a ‘metatag’ infringe your trade mark?

Regular people ask “If a tree falls in a forest and no one is around to hear it, does it make a sound?”

IP lawyers ask “If a trade mark is used but no one can see it, has the trade mark been infringed?”

According to Justice Kenny of the Federal Court, in this recent decision, the answer to this philosophical IP question is, no.

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Interim ruling suggests Cadbury can register ‘Cadbury purple’ as a trade mark in the UK

The Intellectual Property Office (‘IPO’) in the UK has issued a preliminary ruling which states that the iconic ‘Cadbury purple’ – Pantone 2865c – is sufficiently distinctive to enable Cadbury to register it as a trade mark. 

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Justice Jagot rejects ‘manifestly absurd and unreasonable’ construction of new copyright exemption for PI documents

When Justice Jagot handed down her judgment in Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 3) in August this year (read our Alert here, her Honour found that Apotex’s proposed supply of a generic leflunomide product would infringe Sanofi’s patent.  Her Honour also found that Apotex had infringed the copyright in Sanofi’s leflunomide product information (“PI”).  Un

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