Category Archive for: ‘Contracts’

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

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 specific laws to protect investment …

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Battle of the brands questions retailers’ exclusivity agreements

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 strategy recently came under review …

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

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 and failure to take the …

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Protecting your legal rights with a Facebook status… It’s a hoax, folks

Social media platforms are governed by a myriad of ever-changing terms and conditions.  Simply by signing up to and continuing to use these platforms, individual and corporate users accept these terms, sometimes granting very broad licenses to platform operators and their affiliates to do what they will with user content.  Not only are these terms difficult for individual and corporate …

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European Commission ups the cost of paying for delay

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:

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Controversial licence granted over patented cancer drug

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

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

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”.

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

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

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

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.

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