AI and IP – A real conversation starter

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence (AI) and intellectual property (IP).  The UK Intellectual Property Office (UK IPO) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.  The consultation covers five read more...
Subjects: Technology

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“No one can own the law” – United States confirms copyright protection does not extend to works of legislators or judges

On 27 April 2020, the Supreme Court of the United States (Supreme Court) handed down its decision in Georgia Et Al v Public Resource Org, Inc. We set out what happened, what the Supreme Court found, the implications of the decision and we look at whether a similar principle applies in Australia. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. The decision extends the United States “government edicts doctrine” which embodies the principle that “no one can own the law”. read more...
Subjects: Copyright

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Confirmed Booking: Booking.com secures trade mark registration in the United States

On 30 June 2020, the Supreme Court of the United States (Supreme Court) handed down its decision in United States Patent And Trademark Office, Et. Al, Petitioners v. Booking.Com B.V. This decision considers whether booking.com is protectable as a trade mark in the United States. The United States Patent and Trademark Office (USPTO), who had read more...
Subjects: Trade marks

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A sign of the times – Compagnie des Montres Longines S.A. v Point Tec Products Electronic GmbH

Wearables are all the rage nowadays, but some of us still sport watches with an analogue face.  Indeed, some sought-after classic timepieces from renowned brands are assets in an investment portfolio. Point Tec Point Tec Products Electronic GmbH  (Point Tec) is a German company that has been designing and developing watches for over 22 years.  read more...
Subjects: Trade marks

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Cheesy on the eyes – the string cheese characters of the trade mark decision of Bega Cheese Limited v Saputo Cheese USA Inc

From fifty shades of gruyere to cheddar ideas,  we in the IP team love cheese in all shapes and forms including… string cheese?  String cheese is created through a manufacturing process that aligns the proteins in the cheese, which makes it stringy.  We hear string cheese can even be sold in a can. String it on: read more...
Subjects: Trade marks

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Ouch! Federal Court of Australia imposes $4.5 million-dollar penalty for misleading marketing of pain-relief products

The Federal Court has handed down a significant $4.5 million penalty over misleading claims made with respect to the over-the-counter muscular pain relief products, ‘Voltaren Osteo Gel’ and ‘Voltaren Emulgel’.  The decision in Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724 makes it clear that the read more...

Love is in the Ear – Federal Court of Australia finds copyright infringed by the sound of lyrics sung

On 24 April 2020, Justice Perram of the Federal Court of Australia gave judgment in relation to a copyright dispute concerning the iconic Australian pop-hit classic, Love is in the Air, finding that a substantial part of the song had been copied by a US pop-duo, Glass Candy, and by France’s national airline, Air France, read more...
Subjects: Copyright

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Bega succeeds in Full Court Appeal despite “Krafty” peanut butter packaging

On 15 April 2020, the Full Federal Court dismissed an appeal against O’Callaghan J’s decision in Kraft Foods Group Brands LLC v Bega Cheese Limited (No 8) [2019] FCA 593. Importantly, this decision confirms that unregistered trade marks cannot be assigned without a sale of the underlying business which holds the related goodwill. The appeal read more...
Subjects: Trade marks

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