Category Archive for: ‘Subjects’

Gotta catch ‘em all – Pokémon Company International, Inc. v Redbubble Ltd

In the battle against copyright infringement in the online world, rights holders are increasingly targeting aggregators and disseminators of infringing content, rather than doing battle with individual infringers themselves. In a recent example of this, Pokémon Company International (Pokémon) won in their Federal Court pursuit of copyright infringement claims and breach of consumer protection laws against Redbubble Ltd (Redbubble), the …

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Summer BOD competition: social media queens engage in trade mark litigation

Social media queens Sophie Guidolin and Rachael Finch both run fitness businesses through Instagram, promoting the #healthy lifestyle. The contested use of the word ‘BOD’ by Rachael Finch led Sophie Guidolin to apply for an interlocutory injunction for trade mark infringement, as well as passing off and/or breach of the Australian Consumer Law. In deciding whether to grant the interlocutory …

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Spinning the wheel – Star Wars Battlefront 2 brings gambling regulatory spotlight on lootboxes

If you have more than the most passing of interests in the video game industry, you will know that the hot topic in the field for the past few weeks has been the use of “lootboxes” by Electronic Arts as a reward system in their new title Star Wars: Battlefront 2.  The consumer backlash to EA has been dramatic.  Market …

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Second throw of the dice unsuccessful: Full Federal Court confirms Hepatitis C drug patent is invalid

The recent decision of the Full Court in Idenix Pharmaceuticals v Gilead Sciences [2017] FCAFC 196 illustrates the power of the grounds of lack of utility and lack of sufficiency under section 40 of the Patents Act when challenging the validity of a patent. The decision concerned lack of utility and lack of sufficiency as those grounds existed prior to the introduction …

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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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Here’s the drill: The Full Federal Court clarifies the requirement that patents disclose the ‘best method’ of performing the invention

The Full Federal Court recently drilled down on the ‘best method’ requirement in Australia in Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd [2017] FCAFC 138. Under Section 40(2)(aa) of the Patents Act 1990 (Cth) a ‘complete specification must … disclose the best method known to the applicant of performing the invention’. This requirement has been …

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In Good Shape – the Federal Court’s reminder to fit-out and shape your trade mark protection

In the recent case of Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) [2017] FCA 865, the Federal Court of Australia considered whether certain marks that included the word “SHAPE” were deceptively similar: Applicant’s registered mark   Respondent’s marks Although a large proportion of the decision focused on whether there had been breaches of the Australian Consumer …

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Drugs in the fast lane: provisional drug registration and other proposed changes to the Therapeutic Goods Act

Following the Australian Government’s Response to the Review of Medicines and Medical Devices Regulation in 2016, the government recently released exposure drafts for a set of significant reforms to the Therapeutic Goods Act 1989 (Cth). The proposed changes include modifications to the regulation of complementary medicines, and a new class of “provisionally registered goods”.  This new class provides an opportunity …

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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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