Category Archive for: ‘Uncategorized’

WIN v Nine: Court of Appeal confirms Justice Hammerschlag’s decision

Prepared by:    Helena Kanton and Michael Swinson This month, the New South Wales Court of Appeal dismissed an appeal by regional TV broadcaster WIN against an earlier decision by the New South Wales Supreme Court that the Nine Network was not prohibited under an exclusive licence agreement with WIN from live streaming Nine’s TV programming over the internet in WIN’s …

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No Flex Zone – Federal Court sends Australian company packing over trade mark dispute

For readers who are fond of a good deli selection, discussions of the chemical composition of plastics, or interesting trade mark issues (or all three) – this one’s for you. The Applicant, Flexopack S.A. Plastics Industry, is a Greek company which sells and distributes thermoplastic food packaging films around the world under the trade mark “Flexopack”. The Applicant has various …

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The Trans-Pacific Partnership’s IP provisions: Biologics and biosimilars, copyright and privacy

The Trans-Pacific Partnership (TPP) was concluded on 5 October 2015, after 8 years of negotiations. Its twelve signatories, who together account for 40% of world GDP, are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States and Vietnam. The details of the agreement have yet to be released, but a number of drafts of the agreement …

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High Court States the Obvious: AstraZeneca AB v Apotex Pty Ltd Appeal Decided

by Kim O’Connell, Suzy Madar and James Ellsmore In a widely anticipated decision, the High Court has upheld a decision of the Full Federal Court that AstraZeneca’s patent relating to low dosages of rosuvastatin is invalid for want of inventive step. Rosuvastatin is used in the treatment of high cholesterol and is marketed by AstraZeneca as Crestor. The decision will …

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Everything is awesome for the Lego Minifigure

From children’s toys to video games, via blockbuster movies, the Lego minifigure has to be one of the most iconic toys of recent years. Released in its current form in 1978, over 3.7 billion “minifigs” have been produced. Such is the fame of the small plastic articulated figures, you would struggle to find someone in the developed world between the …

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Disney’s “Frozen” in copyright dispute – filmmaker can’t Let it Go

Question: What do these things have in common? a snowman loses his carrot nose, and it slides out to the middle of a frozen pond; the snowman is on one side of the pond and an animal who covets the nose is on the other; the characters engage in a contest to get to the nose first and the animal …

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Can a business stop an ex-employee from listing it as a former employer on LinkedIn?

And yes, this is a serious question.

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Court rejects ACCC claim against Pfizer

The Federal Court has today dismissed a case brought by the Australian Competition and Consumer Commission (ACCC) against Pfizer Australia for alleged misuse of market power and exclusive dealing. The case arose from Pfizer’s sale of its own generic artorvastatin (Lipitor) product to pharmacies. Pfizer’s patent which prevented generic entry into the artorvastatin market expired in May 2012. Prior to patent expiry, Pfizer’s …

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