High Court grants Application for Special Leave to Appeal in Myriad Genetics

The High Court has granted Cancer Voices’ application for special leave to appeal a Full Federal Court finding that Myriad’s patent relating to the BRCA1 gene is patentable.

Read More
Subjects:

Fighting ‘Revenge Porn’ through Copyright

Unless your surname is “Kardashian”, it is unlikely that being a victim of a ‘Revenge Porn’ attack launched by a jilted ex-lover could ever end well.  However, thanks to the unfortunate experience of a Californian law student who recently filed a copyright lawsuit in the U.S following such an attack, you may never have to experience this fate. Photo credit: http://www.dreamstime.com/royalty-free-stock-images-censored-nude-woman-portrait-young-tape-covering-eyes-breasts-image33259509 …

Read More
Partner:

The Moral Rights of Graffiti Artists

From the 2000 year old scribbles discovered in Pompeii (too rude to repeat on IP Whiteboard) to the ‘Darren woz here’ tagged on local bus stops, graffiti has long been considered a public nuisance, more vandalism than creative expression. Despite its ignoble history, in the past decade, graffiti has come to be considered a form of high art in itself …

Read More
Subjects:
Partner:

Licensees beware – are you exclusive?

The Full Federal Court confirmed last week in BMS v Apotex that where a patent licence reserves some rights to be exercised by the licensor, the licensee will not have standing to sue and claim damages as an “exclusive licensee”. Importantly, in infringement proceedings, a patentee can only claim damages for damage suffered by itself or an exclusive licensee. In …

Read More
Subjects:

ACIP’s Review of the Designs Systems proposes three approaches to reform

In 2012, the Advisory Council on Intellectual Property (ACIP) was tasked by the Government with conducting a review of the operation and effectiveness of the Designs Act 2003 (Cth) in supporting innovation. Late last year, ACIP released its Options Paper on the Designs Act (available online here). The Options Paper proposed three approaches to reform. In summary: The first option …

Read More
Subjects:
Partner:

Je suis Charlie, but it is not a trade mark

On 9 January 2015, a US trade mark application was filed for JE SUIS CHARLIE by a trust from California.  An Australian application for JESUISCHARLIE was filed on 12 January 2015 by the M&G Besser Family Trust in relation to publishing services in class 41.*  The phrase references the 7 January murder of 12 people at the offices of French …

Read More

Are your LinkedIn connections trade secrets?

Wait, what?

Read More
Partner:

5 Seconds of Summer refused trade mark registration

The music production company behind one of the biggest boy bands in the world, 5 Seconds of Summer, has been refused registration of the trade mark ‘5SOS’. Is this due to a lack of up-to-date pop culture knowledge on the part of the Australian Trade Marks Office? You can read the decision here. For those of you asking “who is …

Read More
Subjects:
Partner:

2014 in review: the top three Australian developments in patents, trade marks and copyright

As the year reaches its close, we take a look back at the key Australian developments in intellectual property in 2014, including in patents, trade marks and copyright. Top 3 trade mark developments Cantarella Bros v Modena Trading [2014] HCA 48 A High Court decision on trade marks is always going to be at the top of the top three …

Read More
Partner: