Monthly Archive for: ‘March, 2011’

Breaking News: EMI loses Men at Work “Down Under” decision to gum-tree sitting Kookaburra

The Full Federal Court has rejected EMI’s appeal of Justice Jacobsen’s decision that Men at Work’s song “Down Under” infringed Larrikin Music’s copyright in “Kookaburra sits in the Old Gum Tree”.  EMI will also have to pay Larrrikin’s costs of the appeal.

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Turtle vs Tata “Pacs” a punch

On 14 July 2010, Tata Sons, the intellectual property holding company for the Indian industrial conglomerate the Tata Group, applied for an injunction against Greenpeace India for using its “T within a circle” device in a virtual game on the Greenpeace website.  Tata Sons petitioned for a temporary injunction and damages, arguing that the game, called “Turtle vs Tata”, tarnished their trade mark and defamed their company.  The game contained a Pac-Man style maze where the object of the game was for the turtle characters to defeat the “Tata demons”, the demons of course b

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Breaking news: “Hollywood bound for the High Court” – Film companies lodge special leave application in iiNet

In news just to hand, the Australian Federation Against Copyright Theft (AFACT) has issued a press release on its website confirming that the film companies which brought proceedings against ISP, iiNet, in 2008 have lodged an application for special leave to appeal to the High Court of Australia.

Under the High Court Rules, any application for special leave must have been lodged by no later than 4pm today.

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Google Books Settlement rejected: is this the final chapter?

Google’s plans for commercialising the world’s largest digital library were stalled this week as US Judge Denny Chin rejected the Google Books Settlement, determining that it was not “fair, adequate or reasonable”.  His Honour found that:

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Tick Tock on the Clock but the allegations of copyright infringement won’t stop

Twenty Twelve is a mockumentary following the trials and tribulations of bumbling event organisers in the lead up to the London 2012 Olympic Games.  The Games, which was broadcast over two successful seasons in Australia – in 1998 and 2000 – was a mockumentary following the trials and tribulations of bumbling event organisers in the lead up to the Sydney 2000 Olympic Games.  Déjà vu anyone?

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Raising the bar on the patent system in Australia

The Australian Government has released, for public viewing and comment, the Intellectual Property Laws Amendment (Raising The Bar) Bill 2011 (“the Bill“), which proposes to make a number of significant amendments to the Patents Act 1990 (“the Act“) (as well as the Trade Marks Act 1995, Designs Act 2003 and Plant Breeders Rights Act 1994).  Amendments to the Act (“the Amendments“) are intended to encourage innovation by supporting investment in research and technology, and t

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Federal Government proposes to eliminate copyright uncertainty for pharmaceutical companies

On 24 February, the Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 was introduced in the House of Representatives.  This Bill proposes to introduce a specific exemption into the Copyright Act for “Product Information” documents.  A copy of the Bill, together with the Explanatory Memorandum, can be found here.

Backdrop for the amendments

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America Invents amendments to the US patent system

At the start of this week the US Senate gave overwhelming support to the America Invents Act of 2011 (“Bill“) that proposes to overhaul the entire US patent system.  A copy of the Bill can be obtained here.

The key provisions of the Bill include:

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If you want to stop your ex-employees starting up a competitor business, Blackmagic won’t get you there!

In Blackmagic Design Pty Ltd v Overliese the Full Court of the Federal Court was recently asked to consider the legal remedies available to an employer in the event that his or her employee appropriates confidential information for the purposes of establishing a competitor business. 

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