And the copyright changes keep coming – safe harbour, fair dealing and more

If copyright lawyers hadn’t already had a busy enough year in 2015 with the introduction of the Copyright Amendment (Online Infringement) Act 2015, they were in for a special holiday treat when the Department of Communications and the Arts released some more interesting draft amendments to the Copyright Act 1968 (Cth) (“the Act”) for public comment read more...
Subjects: Copyright

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You’re monkey me crazy! Copyright, selfies and…monkeys?

We don’t waste any time with monkey business over here at IP Whiteboard…until it involves one of our favourite stories of recent times, combining our love of selfies with copyright and cute animals. This story is of course the tale of wildlife photographer David Slater, who claimed copyright ownership over some selfies taken by macaque monkeys read more...
Subjects: Copyright | Social media

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Telco Sector Security Reforms

Authors: Michael Swinson (Partner) and TJ Saw (Solicitor) On 25 June 2015 the Attorney-General and the Minister for Communications released an exposure draft of a new piece of legislation that aims to strengthen the Government’s ability to manage national security risks affecting telecommunications networks. The proposed Telecommunications and Other Legislation Amendment Bill 2015 is the read more...
Subjects: Privacy | Technology

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The Harper Review (IP Update)

We previously reported on the Competition Policy Review Panel’s Draft Report on the effectiveness of Australia’s current competition laws and policy (see our earlier post here). As well as competition issues, the review also examined the impact of the intellectual property regime on innovation, trade and competition policy. Yesterday, the Panel released its Final Report read more...

Coffee wars – High Court clarifies test for registrability of trade marks

In a landmark trade mark judgment delivered on 3 December 2014, the High Court in Cantarella Bros v Modena Trading [2014] HCA 48 has clarified a critical aspect of Australian trade mark law relating to the test for inherent adaptation to distinguish (inherent distinctiveness) under section 41.  The majority of the High Court found that read more...
Subjects: Trade marks

Website blocking injunction issued for trade mark infringement

The importance of trade marks to luxury brands has always been a happy coincidence for this IP Whiteboard blogger, so when Justice Arnold handed down his latest decision in relation to counterfeit goods in the UK High Court, I (momentarily) ceased flicking through the latest issue of Vogue and switched over to Bailii (the UK’s read more...

Domain name disputes and the onus of truth

Avid readers of this blog might be aware of the au Dispute Resolution Policy (the “auDRP”). The purpose of the auDRP is to provide a cheaper, speedier, alternative to litigation for the resolution of dispute between the registrant of a domain name and a party claiming competing rights in that domain name. The auDRP is read more...

IP & Competition Law…a match made in reform heaven?

Yesterday, the Competition Policy Review Panel released its Draft Report on the effectiveness of Australia’s current competition policy and laws, and its recommendations for the promotion of competition across the economy. Our colleagues over at In Competition published this brief post here and a more detailed alert here, focusing on the broader aspects of competition read more...

Major sporting events & a few hundred million reasons to protect sponsorship rights

The FIFA World Cup is upon us. We’ve already been bombarded with an extensive range of marketing campaigns, such as McDonald’s new range of World Cup burgers, and Coke’s specially designed World Cup bottles. These companies have paid a premium to be associated with the event. But what about those companies who use more stealth read more...