Category Archive for: ‘Confidentiality’

Federal Court upholds TGA decision to refuse access to documents relating to applications to list generics on the ARTG

In December last year, Justice Emmett of the Federal Court handed down an important decision for originator pharmaceutical companies who seek access to documents evidencing applications to list generic versions of their products on the Australian Register of Therapeutic Goods (ARTG), and generic companies who assume such applications are kept confidential. 

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“The Prince and the Paparazzi” – William vows to protect Kate Middleton’s privacy

When Mary Donaldson married Prince Frederik in Copenhagen in 2004, her fairytale story propelled her to instant celebrity status.  Subsequent return visits by Princess Mary to Tasmania raised issues of what laws could protect the privacy of the Royal couple and their children.  Now, with another royal wedding planned for 29 April 2011 in London between Prince William and Kate Middleton, the question arises of what protections the soon-to-be Princess will have to her privacy when she visits her Australian relatives.

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Who owns Bratz? Girls with a “passion for fashion” given another chance

Kozinski CJ of the US Court of Appeals for the Ninth Circuit has won IP Whiteboard’s inaugural “Judgment of the Year” for a fantastic dissertation on the ongoing wars between Mattel and MGA Entertainment over ownership of the “bratty-doll idea”. 

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China amends the definition of “state secrets”

Following on from the Chinese State Owned Assets Supervision and Administration Commission’s decision to release guidance on what constitutes a “commercial secret”, the National People’s Congress has amended the PRC Law on State Secrets, a much more significant piece of legislation.

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New guidance on commercial secrets in China

In the wake of the Stern Hu/Rio Tinto case, the Chinese State Owned Assets Supervision and Administration Commission has released guidance on what constitutes a “commercial secret”.  Mallesons’ Nicolas Groffman examines the implications of this guidance for Australians investing in China here.

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PepsiCo retains sparkle in Aquafina defence

Last month, reports from as far as the Himalayan Times to Caribbean Business reported on a default judgment entered against PepsiCo for US $1.28 billion for apparently ‘stealing’ an idea to sell purified water from two men.  On Friday, 7 November, that decision was set aside, and PepsiCo is now free to defend the case on its merits.

The story so far is a telling reminder to check your mail.  The lawsuit was served on PepsiCo (although apparently not on its head office), and the secretary who received it failed to act until she received the default judgment.

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Tweeting from the courtroom

When the iiNet copyright case resumes before Justice Cowdroy in the Federal Court on 2 November 2009, twitterers can follow coverage of the case via 140-character “tweets” on Twitter.
 

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Government announces first stage of privacy reforms

On Wednesday, the Government announced its First Stage Response to the Privacy Reforms proposed by the ALRC in August 2008. It has accepted the majority of the recommendations proposed by the ALRC.  Read our Alert here.  

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Hey Presto! Can magicians conjure up IP protection?

Spain’s magicians are reportedly outraged by the exposure of their tricks and illusions on the “Masked Magician” television show.  Recent news reports indicate they are seeking legal advice on how best to protect their “IP”, to avoid their craft from being undermined.

This is a great example of (largely) unexplored IP territory.  Are illusions and magic tricks capable of IP protection? Here is some initial thinking:

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