Archives for: ‘Property, construction & infrastructure’

Promises, promises: Full Federal Court of Australia finds invention useful in ESCO Corporation v Ronneby Road

We can all be guilty of promising more than we can deliver – but for a patentee, that can be fatal for the validity of your patent.  Under Australian patent law, inventions must be ‘useful’ in order to be patentable, and one of the complex elements of this requirement is whether any promises made with respect to the invention in …

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The Best Laid Plans: West Australian Supreme Court rules on copyright in building drawings

In Milankov Designs & Project Management Pty Ltd v Di Latte [2018] WASC 14, the WA Supreme Court has handed down a cautionary copyright tale to all prospective home builders. The moral of the story?  When it comes to working out what you can do with the plans you’ve paid for, and what you need to do to be an …

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In Good Shape – the Federal Court’s reminder to fit-out and shape your trade mark protection

In the recent case of Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) [2017] FCA 865, the Federal Court of Australia considered whether certain marks that included the word “SHAPE” were deceptively similar: Applicant’s registered mark   Respondent’s marks Although a large proportion of the decision focused on whether there had been breaches of the Australian Consumer …

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Threats Muddy Waters: unjustified threats of infringement in the Full Federal Court of Australia

A decision in March of the Full Federal Court in Australian Mud Company Pty Ltd v Coretell Pty Ltd [2017] FCAFC 44 concerning unjustified threats of infringement will have some lawyers as happy as pigs in mud. Dishing the Dirt Australian Mud Company Pty Ltd (AMC) is the owner of an innovation patent related to core sampling. In November 2006, it …

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Our top 5 Australian copyright developments in 2015

As 2016 begins, we take a look back at the key developments in copyright in 2015 in Australia.   It certainly has been a busy year, with amendments to the Copyright Act, the development of a Copyright Notice Scheme, and not to forget the Dallas Buyers Club litigation, the famous dead cat and houses with “French Provincial style with a Caribbean …

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(Street) Art Buff: More avenues for the protection of graffiti works

In a previous post (here), IP Whiteboard discussed the potential avenues that a street artist may have in protecting their work from defacement or removal by recourse to intellectual property rights. Although the City of Sydney is still yet to introduce its revised street art policy, we thought that last week’s judgment of the UK High Court in The Creative …

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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 …

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When is information about a residential property “personal information”?

Is information contained in a document about a residential property “personal information” about the owners or occupants of the property under NSW privacy legislation even if the document doesn’t directly identify the owners or occupants? This was the question that the Appeal Panel of the NSW Civil and Administrative Tribunal had to consider in Office of Finance and Services v …

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CANARY WHARF trade mark rejected for being 30 years too late! Protect your valuable property names as trade marks at conception

Branded real estate in the industrial, commercial and residential markets is big business. The brand adopted can influence perception and price. It is no surprise then that developers are increasingly taking steps to protect these brands by registering them as trade marks. We recently discussed some legal developments for these kinds of brands (including shopping centres) here. An even more …

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