Monthly Archive for: ‘February, 2010’
Nintendo has settled its Federal Court action against 24 year-old Brisbane gamer James Burt for illegally copying and uploading to the internet Nintendo’s new video game “Super Mario Bros Wii” one week ahead of its official Australian release in November 2009.
The European Commission has delivered on its promise of increased scrutiny following the release of its final report into competition and patent issues in the European pharmaceutical industry. Following its extensive inquiry, including unannounced raids on pharmaceutical companies, the Commission has now asked these companies to provide it with copies of all patent settlement agreements.
In a case bearing similarities to the 2002 Full Federal Court decision of Desktop Marketing Systems v Telstra, which upheld Telstra’s copyright in White Pages® and Yellow Pages® directories, a single judge of the Federal Court has now found against Telstra and Sensis in proceedings brought against a company called Phone Directories Company Pty Ltd (PDC). Mallesons is acting for Telstra and Sensis.
The University of Western Australia’s application for special leave to appeal was heard in Sydney this morning and early reports are saying that the High Court has refused special leave.
Is the grant of a patent the most effective way of encouraging medical research and innovation? This is the question now facing a US Federal court in proceedings being led by the American Civil Liberties Union (ACLU) against Myriad Genetics and the University of Utah Research Foundation, who jointly hold the patents for the BRCA1 and BRCA2 genes (genes which are associated with breast cancer), and the US Patent and Trademark Office (USPTO).
Annie Leibovitz may arguably be the most famous photographer in the world. Her photographs have defined an era; from John Lennon and Yoko Ono on the cover of Rolling Stone to official portraits of Queen Elizabeth II. However, after it was reported that she was forced to take a loan of over $20 million to secure existing debts, it was her financial meltdown that received the most media coverage. Significantly, Leibovitz put up not only her property as collateral, but also the rights to all her current and future snaps until all her financial obligations are met.
The recent decision in Kelvindale Products Pty Ltd v TFH Temporary Fence Hire Pty Ltd  APO 25 is a timely reminder of the importance of file management systems. This case concerned an application for an extension of time to file a Notice of Opposition.
Last year was was a pretty grim year for economic activity. However, while intellectual property did not avoid the effects, a recent report from the the World International Property Organisation (“WIPO”) provided some interesting findings. The number of international patent filings dropped, probably not unexpectedly, by 4.5% in 2009, with countries such as the US and Germany experiencing significant declines of over 11%. However, it appears that not all countries were negatively affected, with applications in China increasing by 29.7% during 2009.
South African company Bodtrade 54 (Pty) Ltd has succeeded in its battle against UK giant Virgin Enterprises Limited in its fight to register the mark YOU CAN’T BE A VIRGIN ALL YOUR LIFE ITS TIME. This trade mark application for use in respect of telecommunications, cafes, restaurants and bars had been opposed by Sir Richard Branson’s company on the grounds that Virgin Enterprises is the proprietor of trade marks consisting of the word VIRGIN and the use of this mark will likely cause confusion and take “unfair advantage of, or be detrimental to”, the distinctive