Author Archive for: ‘dgfixler’

Productivity Commission’s final report pulls no punches on patents

Yesterday the Productivity Commission published its final report on Australia’s IP system. Our high level summary of the Commission’s recommendations across all aspects of the IP system can be found here. The Commission sees the patent system as tipped in favour of patent owners and its recommendations are designed to restore balance. This post provides an outline of the key …

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Can I use a competitor’s name or trade marks for Google AdWords?

This question is often asked by companies considering ways to funnel internet traffic to their own website by diverting internet users seeking to access a competitor’s website. A single judge of the Federal Court has found that the use of a competitor’s trade mark as a keyword in Google AdWords is neither trade mark infringement nor likely to mislead or …

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Too much of a stretch to recognise copyright in yoga?

The US Court of Appeals of the Ninth Circuit has held that the famous sequence of yoga poses (or “asanas”) developed by Bikram Choudhury (and performed at 40°C) does not attract copyright protection. A copy of the decision is here. Choudhury sued a yoga studio, Evolation Yoga, established by two former students, which offered hot yoga classes in which the …

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High Court re-invents the test for patentable subject matter and finds the patent for the isolated breast cancer gene invalid

The High Court has handed down a significant decision finding that patent claims for isolated gene sequences, indicative of a predisposition to breast cancer, are not patentable subject matter. The decision can be found here (a one page summary has also been published by the High Court). The decision overturns the unanimous decision of the Full Federal Court (which sat …

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Too early to pull the plug on innovation patents

In June 2014, following three years of public consultation, the Advisory Council on Intellectual Property (ACIP) released a report in which it made recommendations to reform the Innovation Patent System. ACIP did not, at that stage, recommend abolishing the system. Our previous post on ACIP’s recommendations can be found here. On 25 May 2015, IP Australia published a report entitled …

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