Archives for: ‘Patrick Gunning’

Digital downloads not “goods”

The Supreme Court of New South Wales has confirmed that the supply of software through a digital download fulfilment mechanism is not a supply of “goods” for the purposes of the sale of goods legislation.  The result, which had been anticipated by commentators and practitioners for many years, may lead to legislative reform.

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Indonesian government criticised for preferring “open source” software

An Indonesian government policy endorsing the use of open source software (OSS) within government organisations “weakens the software industry”, according to the International Intellectual Property Alliance (IIPA).  IIPA says that the endorsement undermines the long-term competitiveness of the proprietary software industry “by creating an artificial preference for companies offering open source software and related services”.

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Kellogg’s to protect against “Corn Fakes”

Have you heard that Kellogg’s plans to brand its famous signature onto individual Corn Flakes?

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Ralph Lauren and take-down notices – keeping things in proportion

A flurry of posts appeared recently on the Net as a consequence of Ralph Lauren issuing a DMCA take-down notice to the ISP of entertainment site Boing Boing.  Without attempting the summarise the broader debate on notice and take-down procedures (which, to put it mildly, is the subject of some contention), this incident is useful reminder that notice and take-down processes impose obligations on notice issuers as well as notice

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Government announces first stage of privacy reforms

On Wednesday, the Government announced its First Stage Response to the Privacy Reforms proposed by the ALRC in August 2008. It has accepted the majority of the recommendations proposed by the ALRC.  Read our Alert here.  

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Court sorts copyright ownership dispute

The Federal Court of Australia has reminded us that an independent contractor commissioned to develop software may be taken to have agreed to assign equitable ownership of copyright in the software.

The case is Intelmail Australia v Vardanian [2009] FCA 1018.  Justice Moore reviewed the principles to be applied when implying terms into an oral contract, confirming the following:

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Careful consideration required when scoping assignments of future IP

Commercialisation of patents, particularly in the biotech sector, can be fraught with difficulties.  So much is apparent from a recent NSW Supreme Court decision: Fermiscan v James.  Fermiscan is listed on the ASX, and aims to commercialise a diagnostic test for breast cancer based on research originally conducted by Dr Veronica James.

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