Txt “STOP” to Mobile Premium Services – ACMA finally registers the Mobile Premium Services Industry Code

No doubt you are aware of those pesky ads on TV asking you to text “FLIRT” if you want to discover how much of a flirter your partner is, text for that too-catchy too-cute ringtone, or even claiming to be able to tell you whether your lover is “the one”.  These, along with psychic and horoscope lines, voting lines for TV shows or competitions, dating and chat services, ringtone services, sports updates and even exam result hotlines, all fall under the banner of Mobile Premium Services (MPS).  MPS are broad, consisting of any content or services that you access vi

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Weighing up a work of joint authorship: more on IceTV

On 22 April 2009 the High Court delivered its decision in Ice TV Pty Ltd v Nine Network Australia Pty Ltd.

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New Zealand Patents Bill gets first reading in Parliament

The Bill to replace the Patents Act 1953 (NZ) has finally received its first reading in Parliament.  Copies of the draft Bill, the explanatory memorandum, and the first reading speeches are available at http://www.parliament.nz/en-NZ/PB/Legislation/Bills/a/f/2/00DBHOH_BILL8651_1-Patents-Bill.htm

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auDA audits .org.au domain names

In a recent audit of .org.au domain names, auDA (the body responsible for .au domain names) found that 4,113 domain names (being 23% of all audited .org.au domain name registrations) did not comply with the eligibility criteria. This included instances where a domain name:

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Can you keep a secret? Good, so can I.

Confidentiality has seldom before been more challenged than it is at present, by the emergence of the internet phenomenon Wikileaks (http://wikileaks.org).

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The UK eBay decision – raises more questions than it answers?

L’Oreal made three key claims against eBay in the proceedings:

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Bad faith trade mark application refused

For the first time in Australia, the registration of a trade mark has been refused on the ground that the application was made in bad faith.  The decision of the Australian Trade Marks Office in Hard Coffee Pty Limited v Hard Coffee Main Beach Pty Limited [2009] ATMO 26 is the first successful opposition pursuant to s 62A of the Trade Marks Act, which applies to all trade marks accepted on or after 23 October 2006, and read

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Can’t you take a joke? UK defamation case offers guidance on when the Courts will be amused

The Australian parody/satire fair dealing defence to copyright infringement was introduced in December 2006 (s 41A of the Copyright Act ).  But does anyone really know what it covers?  Humour is subjective, and there is a dearth of relevant case law in this country.  Of course, the parody/satire defence doesn’t require a piece to be funny per se (although such a requirement could lead to interesting courtroom debates), and the nature of parody implies that the piece must at least be comedic in nature.

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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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