The CGK: Our review of Australia’s patent cases for 2012

We are excited to announce the launch of ‘The CGK’ –  our review of Australia’s patent cases for 2012.  This is the 10th edition of our annual patent review. The CGK examines the most important patent decisions handed down in 2012, including the Full Court’s decisions in SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water read more...
Subjects: Patents


Experimental evidence– comply with the rules or risk inadmissibility

By refusing to allow Generic Health to adduce experimental evidence in a patent case currently being heard in the Federal Court, Justice Jagot has made it clear that failing to comply with procedure set out in the Federal Court Rules when conducting experiments can have serious consequences. In this case, Generic Health conducted an experiment read more...

Today’s update from the High Court – IP special leave applications refused

The High Court today heard special leave applications in two IP cases – however, in both cases Chief Justice French and Justice Gageler declined to grant special leave. The first case was Ucorp’s application for special leave to appeal from the Full Court’s decision regarding an implied licence in respect of the copyright in Material read more...
Subjects: Copyright | Patents

Can a ‘metatag’ infringe your trade mark?

Regular people ask "If a tree falls in a forest and no one is around to hear it, does it make a sound?”

IP lawyers ask “If a trade mark is used but no one can see it, has the trade mark been infringed?”

According to Justice Kenny of the Federal Court, in this recent decision, the answer to this philosophical IP question is, no.

Subjects: Trade marks


What a Betty Boop boo – part 3, the adventure continues…

The US Court of Appeals for the Ninth Circuit has issued an amended opinion, in the latest instalment of the Betty Boop trade mark and copyright infringement saga.  This new opinion removes the Court’s controversial findings of no trade mark infringement and remands the trade mark issues to the District Court.

As a reminder, Betty Boop is currently caught up in a legal battle between the family of her creator, Max Fleischer, and a number of companies which license Betty Boop paraphernalia. 

Subjects: Copyright | Trade marks