Monthly Archive for: ‘August, 2011’

I agreed to what?

It’s an emotional roller coaster you’d likely want to avoid.

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Copyright in concepts – something to ponder when you’re stranded on a desert island

It is an often stated, and indeed axiomatic, principle that copyright law protects expression and not ideas.  So the reproduction of a copyright work without the permission of the author is an infringement of the author’s exclusive statutory rights. Simple enough, right? Well, not really, especially in the context of works that are not merely words on a page, where reproduction cannot be determined by simply asking the question of whether or not the author’s work (or a decent chunk of it) appears in the allegedly infringing work.

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New R&D Tax Credit passed by Parliament

The long-delayed R&D Tax Credit was passed by the House of Representatives yesterday after clearing the Senate with amendments.  The R&D Tax Credit represents the most significant change to tax innovation policy since the original R&D Tax Concession was introduced in 1986. Check out our alert here.

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Spotlight moves to innovation patents

On 17 August 2011, the Advisory Council on Intellectual Property (“ACIP”) released an issues paper entitled “Review of the Innovation Patent System” (the “Issues Paper”).  A copy of the Issues Paper can be accessed here.  Submissions close on 14 October 2011.  ACIP is also planning to hold round-table workshops in both Melbourne and Sydney.

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You Can’t Stop the Music, but you can stop the copyright!

It’s a well-known story.  Chain-smoking French composer Jacques Morali had a dream for a concept disco group and placed an ad in a magazine reading “Macho Types Wanted: Must Dance And Have A Moustache”.  The result can be seen below.

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Mambo minus “M” equals 100% Mabo (Mambo – M = 100% Mabo)

Last week, the clothing company, Mambo, agreed to cease opposition proceedings against Malcolm Mabo (the son of Eddie Mabo of Mabo v Queensland (No 2) (1992) 175 CLR 1).

Malcolm Mabo, a Palm Island artist, is planning to start a clothing company to promote authentic indigenous art and employment, under the brand, “Mabo”, and sought to trade mark the name.  When Mambo found out, it instituted opposition proceedings, contending that the brands would be “deceptively similar”. 

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UK Government responds to the Hargreaves review: Intellectual Property is important for economic growth

As we have previously blogged, Prof Ian Hargreaves published an independent report into intellectual property in the UK in May 2011, titled Digital Opportunity, A Review of Intellectual Property and Growth.  This independent review was set up by the UK Government in November 2010.   

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TGA gets tough on sponsors who fail to comply with advertising rules

Sponsors beware!  The TGA may now publicise a failure to comply with advertising rules for therapeutic goods.

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Coffee-cat victory: Bodum Chambord wins appeal in Federal Court

Mallesons Stephen Jaques has successfully acted for the Bodum Group on a landmark legal battle in the Full Federal Court of Australia regarding a copy of its iconic Bodum Chambord coffee plunger. The outcome is possibly the first of its kind in Australia, protecting the distinctive shape and features of Bodum’s Chambord coffee plunger design from imitation.

 

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