Monthly Archive for: ‘February, 2013’

Titanic challenge for Clive Palmer to obtain registered trade marks

Clive Palmer: billionaire businessman, occasional politician, joint secretary general of the World Leadership Alliance and, er, trade marks expert. “I think it will be OK”, Mr Palmer is this week reported to have said about the plans of his company Blue Star Line – you know, the one hoping to build the second Titanic – to trade mark a variety …

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No defamation or discrimination liability for Google Australia

The Federal Court has found that Google Australia has no ability to control or manage the Google search engine and has therefore dismissed defamation and discrimination claims against the search giant.  King & Wood Mallesons’ John Swinson and Anthony McKew examine the case and its implications here.

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ACCC 2013 agenda offers little for businesses involved in social media

It is surprising that the ACCC’s updated Compliance and Enforcement Policy for 2013 makes no express mention of social media.  Introduced by Rod Sims in a speech in Sydney on Thursday, 22 February 2013, to the Committee for Economic Development of Australia, the ACCC’s priorities extend to “online consumer issues” but that’s as far as it goes. Such “online consumer …

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When technology becomes too popular: ‘We the People’ perhaps a case in point

For those of us rounding up our 25,000 closest friends for a ‘We The People’ petition in the USA, we have some bad news. Only a few days after we posted about the now infamous ‘Death Star’ petition, the White House blogged that due to the popularity of the site, the numbers needed to obtain a response from the White …

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Today is the day … for a European Patent Court

European member states have signed an agreement to pave the way for the introduction of an Unitary Patent Court. The agreement was signed in Brussels by 24 EU members and will come into effect following ratification by 13 members (including France, Germany and the UK). The specialised court will hear first instance and appeal disputes relating to European patents. It …

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“Holy Unfavourable Judgment Batman”…Batmobile found to be a protectable character

Can you guess the movie character from the following description: “…oddly-shaped head and facial features, squat torso, long thin arms, and hunched-over posture”. Got it? It makes sense when you know the answer (E.T.). But which movie character fits the description “swift, cunning, strong, and elusive?” Apparently, the Batmobile. DC Comics has succeeded in its court proceeding action against Mark …

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Australian Court Decides Important Gene Patenting Question – Isolated Genetic Material Patentable Subject Matter

Earlier today, the Federal Court rejected a claim brought by Cancer Voices Australia that isolated genetic material (DNA or RNA) that is naturally occurring in nature is not patentable subject matter. The Court found that while there is “no doubt” that naturally occurring DNA and RNA is not patentable, isolated generic material may be the subject of a valid patent. …

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Stephen Dank’s defamation claim for $10 million damages – A good press release, but what about the law

The Australian sports scientist Stephen Dank has been at the centre of recent media reports concerning his oversight of a supplements program to players at Essendon Football Club (a Melbourne AFL team). Last Sunday 10 February, his solicitors announced his plans to sue for defamation. The lawyers’ media release, reportedly entitled: “Defamation Claims for Ten Million Dollars”, foreshadowed multiple proceedings …

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A break in transmission for online radio streaming

After last year failing to convince the High Court to increase the licence fees paid by commercial radio broadcasters, the Phonographic Performance Company of Australia Ltd (PPCA) has reversed its fortunes with a Full Federal Court victory in relation to online streaming of radio broadcasts. In hearing an appeal by the PPCA from an earlier decision of Justice Foster in …

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