Contracts Archives - Page 2 of 5

Can classified websites protect content from scraping? In the Craigslist case, a US Court says – maybe

Posted on28/05/2013AuthorJames Russell1 Comment

A series of recent Australian cases have exposed the potential inadequacy of copyright laws to protect databases and other compilations of factual information from wholesale copying. This inadequacy is exacerbated online, where content can be scraped and reproduced easily and quickly by third parties using automated software. Whilst legislators in some foreign jurisdictions have enacted read more…

Battle of the brands questions retailers’ exclusivity agreements

Posted on01/05/201301/05/2013AuthorLucienne Miller

It is no secret that Australian department stores operate in a tough competitive landscape. One of the major weapons in their artillery is their ability to provide exclusive access to certain brands. This is secured by exclusivity agreements with designers that restrict designers’ ability to supply their wares to rival department stores. This exclusive brand read more…

A Clause For Concern? Arbitration clauses and third-party IP claims

Posted on04/04/201316/04/2014AuthorCharles Davies

The Supreme Court of British Columbia recently considered a dispute over a software agreement where a licensor refused to indemnify a licensee for the licensee’s settlement of an intellectual property claim brought against the licensee by a third party. The licensor pointed to the licensee’s failure to give prompt notice of the third party claim read more…

European Commission ups the cost of paying for delay

Posted on13/08/201210/12/2012AuthorMonique Cormack

On 25 July 2012, the EC alleged that Danish pharmaceutical company Lundbeck violated EU antitrust rules by colluding to prevent other pharma companies from marketing generic versions of its best-seller antidepressant, citalopram. Lundbeck is alleged to have:

Controversial licence granted over patented cancer drug

Posted on19/03/2012AuthorJames EllsmoreLeave a comment

In September last year we reported that the Indian pharmaceutical company Natco had applied for a compulsory licence to manufacture and sell (in India) a generic version of Bayer’s patented anti-cancer drug sorafenib (Nexavar). Last week the Indian Controller of Patents published a decision granting this licence. The Controller’s decision is significant because it is the first time a compulsory licence has been grante read more…

Stone the crows: Australia’s iconic Ettamogah Pub found to be in breach of IP licence

Posted on15/02/201212/12/2012AuthorBianca DojaLeave a comment

The owners of one of Australia’s most iconic and “most photographed pub in the world” (self-professed), the “Ettamogah Pub”, have been embroiled in a dispute in the New South Wales Supreme Court with claims, among others, that it is has not paid royalties owed under its exclusive license to use intellectual property from the cartoon series “The Ettamogah Pub Mob”.

You say Barrister and I say Barista? Proposed business name laws have hurdles attached

Posted on20/10/201127/03/2013AuthorSamantha McHugh2 Comments

Last Friday, the Senate passed the National Business Names Registration Package to replace the existing state-based business name registration system with a national online register. While the registration of trade marks is still separate, and will continue to take place through IP Australia, there will be links to IP Australia in the registration process and entities will be prohibited from registering names that are “identical”, “nearly identical”, “undesirable”, or “restricted”. If you wondered whether naming your new-born child was challenging, have a think about what the process below means for your business read more…

Natco pushes ahead with bid to compulsorily licence anti-cancer drug from Bayer

Posted on27/09/2011AuthorJames EllsmoreLeave a comment

Natco Pharma, an Indian generic pharmaceutical company, has lodged an application with the Indian Patent Office requesting the grant of a compulsory licence to produce a generic version of Bayer’s anti-cancer drug Nexavar. If granted, this would be the first-ever compulsory licence issued by the Indian Patent Office and would set the bar for future applicants.