Way more than an everyday interest in IP
Sticks and stones may break your bones, but search results can hurt you? At least, that seems to be way the Australian courts have been leaning. In the latest in a series of cases against Google, Google was unsuccessful in its bid to set aside a writ and statement of claim alleging defamation by their read more…
The Full Court, in its recent decision JR Consulting & Drafting Pty Limited v Cummings [2016] FCAFC 20 tackled some difficult questions of subsistence of copyright and originality. Considering the circumstance where an original work has been altered by a number of changes that are insubstantial in the context of the foundation work, the Full read more…
The Senate’s Legal and Constitutional Affairs References Committee (“Committee”), in an inquiry into the worldwide phenomenon known as ‘revenge porn’, made recommendations last week that acts of ‘revenge porn’ should be made a crime on Commonwealth and State levels. But ‘revenge porn’ scandals are only for the J-Laws and Kim Kardashians of the world right? Apparently not. read more…
From Trump to Clinton to Cruz, there is no presidential campaign that doesn’t involve the candidate strutting onto the stage to an ‘inspirational’ song. But what if the artist is not ok with the politicians encouraging voters to ‘Feel the Bern’ or ‘Make America Great Again’ with their tune? read more…
We all love a good post about the Kardashians (see here). Last time we blogged about the Jenner sisters (Kendall and Kylie) applying for trade mark applications in the US for their first names, as well as the phrase “Kendall and Kylie”. Well, since our last post, the USPTO accepted the application and hot-pants-Kylie (Minogue) has read more…
The Dallas Buyers Club application appears to have drawn to an end, and with it another chapter in rights holders’ attempts to respond to file sharing. In December 2015, Justice Perram of the Federal Court rejected a further attempt to obtain customer details, after previously requiring undertakings and a bond before preliminary discovery would be read more…
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 read more…
The Administrative Appeals Tribunal has delivered Telstra, and many other companies who collect operational data about services they provide to individual end users, an early Christmas present by overturning a determination by the Privacy Commissioner from earlier this year and finding that mobile network data held by Telstra is not personal information about Telstra’s customers. read more…
A Full Court of the Federal Court of Australia appeared to suggest that patent cases involving claimed inventions for computer implemented business methods can be determined using an established framework and such cases are no longer at the cutting edge of patentability – that mantle has been assumed by gene technology. The case in point read more…