Category Archive for: ‘Copyright’

New two-tier Federal Court

The Government has announced a restructure of the Federal Courts system, which will expand the Federal Court’s IP jurisdiction.

The Federal Magistrates’ Court will be merged into the Federal Court and the Family Court, so that all IP disputes will be heard at first instance in the Federal Court.  The new Federal Court will have two tiers:

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Piracy under fire

Between July 2005 and May 2006, The Pirate Bay website provided a filesharing service utilising the BitTorrent file transfer protocol.  This protocol involves dividing a principal file (eg a MP3 music file) into segments, which can be identified and accessed by locating small “torrent” files containing metadata about the file to be shared and the computer distributing it.

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A cautionary tale (and tips) for inventors

Taking steps to protect your invention could seem like a hassle when you’re buzzing with excitement and want to tell the whole world about your great new idea.  But it’s worth taking a moment to stop and consider how to best protect your invention, as this cautionary tale demonstrates.

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Piracy? Don’t say we didn’t warn you. Twice!

Irish internet provider Eircom has agreed to implement a “three strikes” notice and disconnect regime in settling a case brought against it in the High Court in Ireland by the Irish Recorded Music Association (IRMA). 

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UK launches informal consultation on the future of copyright

On 16 December 2008 the UK Department for Innovation, Universities and Skills launched an informal consultation on the future direction of copyright. The aim of the consultation is to build on the Gower’s Report released in 2006 and ensure that the copyright system properly supports creative industries in the UK in the light of digital developments over the last decade.

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Adequacy of reasons

The duty of a trial judge to give adequate reasons was at the heart of a recent appeal before the Full Federal Court brought by Carlisle Homes Pty Ltd.  Carlisle, who we are acting for, was sued by Barrett Property Group Pty Ltd (Porter Davis Homes) for allegedly infringing copyright in Barrett  plans such as “the Seattle”.  Barrett has sued several industry players for infringing copyright in the ‘al fresco quadrant’ component of this plan (an open plan area plus courtyard under a single roofline).  Carlisle lost at first instance and appealed the decision.

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Ice TV

Mallesons’ Melbourne Intellectual Property team recently acted for Telstra in its successful application to intervene in the High Court appeal between Channel 9 and Ice TV. As an articled clerk in the Intellectual Property team, I attended court (sitting in Canberra) and assisted with Telstra’s preparation (for all the fun and excitement that was had, click here and here.

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