Monthly Archive for: ‘October, 2012’

Those drugs cost how much?? Chemist Warehouse price list misleading– but not for the reasons you might think

Last Monday the Supreme Court of Queensland held that a price list published by various Chemist Warehouse pharmacies in Cairns, Nerang, Coolangatta and other parts of Queensland was likely to mislead or deceive and therefore contravene clause 18 of the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), schedule 2, section 18).  The issue was not the bargain prices per …

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Selling second hand music: not music to record companies’ ears

Second hand book stores, preloved clothing stores, and markets for old records – there are no laws preventing these shop owners from selling used items to consumers, so how about a second hand store for digital music and movie files? This question has been raised by a lawsuit in New York between Capitol Records LLC and ReDigi Inc. The hearing …

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Knickers in a knot? Taking “selfies” with “besties” social media campaign breaches ASB Code of Ethics

The Advertising Standards Bureau (ASB) has ruled that recent social media advertising campaigns by Bendon and Mossimo encouraging people to take and upload photographs of themselves in their underwear are in breach of the Advertiser Code of Ethics.  Concerns were raised that such promotions could encourage “sexting”. The ASB administers the national system of self-regulation of the advertising industry. Members …

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Government expropriation of patents – more drugs to combat HIV/AIDS and Hep B in Indonesia

On 3 September 2012, the Indonesian Government issued a “government use” decree, a type of compulsory licence, in relation to seven patent-protected HIV/AIDS and Hepatitis B medicines in Indonesia. The decree gives the Minister of Health authority to appoint drug companies to exploit patents on behalf of the Government and the authorisation will be effective until the end of the …

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Compulsory licenses for emergency drugs for developing countries

IP Australia has released an “Exposure Draft” of the Intellectual Property Laws Amendment Bill 2012 (“Bill”). If enacted, the Bill would introduce a special purpose compulsory licensing system for patented pharmaceuticals, with the aim of helping developing nations deal with health epidemics, such as HIV/AIDS and malaria. There is an existing compulsory license scheme under the Patents Act, which is …

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Government announces Review into Pharmaceutical Patents

Further to our previous post about proposed reforms to the patent law, the Australian Government has announced another review – this time of pharmaceutical patents. The Review Panel consists of Mr Tony Harris (former NSW Auditor General), Prof. Dianne Nicol (Associate Dean of Research, University of Tasmania Faculty of Law) and Dr Nicholas Gruen (CEO, Lateral Economics). The panel is …

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Got a problem with patent trolls? You might need a SHIELD.

A hot topic in the patent world is “patent trolling”. Patent trolling loosely refers to the practice of acquiring or applying for multiple patents, especially broad ones, not to exploit the inventions they describe but to pursue others who use the technology. Patent trolls usually employ litigation as a tool to try and profit from the patents. The practice is …

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Should innovations be more inventive? A call for public comment.

The Federal Government has proposed changes to the innovation patent system, and is seeking public comment. The proposed amendments would require innovation patent applications to demonstrate the same level of inventive step as a standard patent. In 2001, the Patents Act 1990 was amended to create a new lesser class of patents to replace petty patents called “innovation patents”, intended to …

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Attorneys-general considering new national social media laws

State and territory attorneys-general met with Federal Attorney-General Nicola Roxon in Brisbane today to consider the possibility of new national laws to regulate social media. As reported here, the issue has come under scrutiny again following the murder of Jill Meagher in Melbourne, and subsequent pleas by Victoria Police for Facebook to remove content regarding the accused man, which could …

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