Author Archive for: ‘jwmacleod’

The future is now: Gene therapy lands in the United States

The United States Food and Drug Authority (FDA) has just given the green light to America’s first ever gene therapy treatment. It’s called Kymriah and it’s a genetically-modified autologous T-cell immunotherapy (CAR-T cell therapy).  For the layman: individually customised, cancer-killing white blood cells. This is why it’s a big deal, and what the future could hold for us here in …

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All’s fair in love and war? The limits of the “fair dealing” copyright exception

The Fair Dealing-Fair Use war has been raging in Australia since antiquity. The Fair Users fondly yearn for the green pastures of American-esque copyright law. They imagine a vast nation where creative works are freely and peacefully disseminated as Fair Use, their benevolent sovereign, smiles on creators and consumers with equanimity and impartiality. The Fair Dealers on the other hand …

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Rock, racism and the Constitution: the US Supreme Court takes a different slant on trade marks

America! It’s a land of flags, Twinkies, NASCAR. and Constitutional amendments.  Matal v Tam (PDF) is the most recent warning not to get between an American and any of those things. The case concerned the application by a “new-wave dance rock” band to register their band name as a trade mark. Ordinarily, the US Patent and Trademark Office (PTO) would let …

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When is a light switch not a light switch? Federal Court makes light work of the CLIPSO trade mark

Intellectual property fans can have a habit of casting judgment on the cornucopia of trade marks that pass us by in our day-today endeavours. “City Plumbing Services,” we chuckle inwardly as the ute drives by, “that’s hardly distinctive”. However, from time to time, the Federal Court reminds us just how wide the protection of a registered trade mark can extend. …

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How many codes must a man walk down? Coding and copyright cross paths in the FCA

For most of us, our exposure to software code is limited to the Matrix and those terrifying moments when you accidentally open Terminal on your Mac. However, as computers slowly and silently assume dominion over every facet of our lives, it’s inevitable that the mysteries of source code will increasingly confront us with novel challenges. In IPC Global Pty Ltd …

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