Yearly Archive for: ‘2012’

AANA releases best practice guideline for digital space

On 26 November 2012, the Australian Association of National Advertisers (AANA) released a best practice guideline (Guideline) on how the AANA Codes apply in the digital space. This follows determinations of the Advertising Standards Board (ASB) regarding liability for user generated content on Facebook (we previously posted about this here). The Guideline applies to material which is “under the reasonable …

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Precious Merchandising Rights: One Licence to Rule Them All

J.R.R. Tolkien’s “The Hobbit” and “Lord of the Rings” novels fascinated generations of readers long before the arrival of Harry Potter.  The commercial and critical success of the books was matched by the Lord of the Rings films, which collected 17 Academy Awards between them and are the highest grossing trilogy of all time (even beating the “Star Wars” series).  …

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Red nose trade mark brings two charities to blows

Wearing a red nose has never been so controversial. In Australia, the National SIDS Council of Australia (NSCAL) runs Red Nose Day to raise money for research into ‘Sudden Infant Death Syndrome’.  In New Zealand, Cure Kids (CK) is an organisation that raises money for various diseases that affect children.  Recently, CK has revived its Red Nose Day campaign which …

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Google ordered to pay $200,000 in damages for online defamation in Victoria

The Supreme Court of Victoria today handed down its damages judgment in an online defamation case brought against Google Inc and Google Australia. The man, Mr Trkulja, was falsely identified as being a criminal on the internet. In particular, when one performed a search using the Google search engine the resulting pages showed an image of Mr Trkulja’s appearing next …

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Indian Patent Appellate Board confirms that NGOs can oppose patents after grant in India

On the back of our recent post concerning the grant of compulsory licences for HIV/AIDS and Hepatitis B medicines in Indonesia, the Indian Patent Appellate Board has now revoked Roche’s patent for its hepatitis C drug, Pegasys, on the ground that it was not sufficiently inventive and “increased efficacy” required by India’s Patent law was not proved.  The decision is …

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Copyright and biscuits: big questions asked in Donna Hay and Women’s Weekly stoush

It was the sort of article a fortnight ago which caused a chuckle and then disappeared from view. Donna Hay, furious that her Martha-Stewart-style, beautifully presented cover display of biscuits in a box had been apparently replicated on the cover of the Women’s Weekly Christmas Baking edition months later, let fly with a few choice epithets on social media. In …

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Can you actually own the Sword of Azeroth?

The trade in virtual goods is growing fast, with the US virtual goods market being estimated at US$3 billion this year, and the Asian market at over US$10 million. However, there are questions about whether or not virtual goods can be construed as “property” at law.  For further detail, see here, a tremendous slide pack by Jas Purewal of Gamer/Law, presented …

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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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