Pride and Productivity: Commission recommends allowing parallel importation of books

The Productivity Commission (Commission) has recommended the abolition of parallel importation restrictions on books in Australia, in a report released on Tuesday.  This controversial recommendation has been heralded both as a victory for Australian book consumers and a death knell for Australian literature.  The Government’s response to the Report is yet to be released.

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Subjects: Copyright

The use of medical samples for tender purposes – outside the scope of injunctive relief?

In the recent decision Wake Forest University Health Sciences v Smith & Nephew Pty Ltdan alleged patent infringer has been allowed to continue supplying its foam dressing kits for product evaluation purposes (such as tender processes), free of charge, notwithstanding the grant of an interlocutory injunction.  This limitation of the scope of the injunction is interesting in light of the recent trend in favour o read more...

Subjects: Patents

Did Men At Work do all the work?

“Where women glow and men plunder…” are some of the iconic lyrics of Men At Work’s hallowed song ‘Down Under’.  Down Under was a number one hit in the US, UK and Australia and is practically a secondary national anthem for Australians abroad.  However, speaking of plundering, this classic song may in fact include a ‘substantial part’ of another Australian song.

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Subjects: Copyright

Further judicial clarity on the meaning of ‘innovative step’

The Full Federal Court has given further content to the concept of 'innovative step' contained in the Patents Act 1990 innovation patent system.  On Tuesday, the Court handed down its decision in Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81, rejecting Dura-Post's appeal from a decision of Gyles J that certain relevant claims of Delnorth's innovation patents (for roadside posts) were valid and infringed. The Full Court's decision only relates to questions of validity and, in partic read more...

Subjects: Patents

Talking sense into Google AdSense: ECJ to consider competitor keyword advertising

The European Court of Justice (ECJ) has been invited to consider the use of competitors' trade marks in search engine keyword advertising.  The case raises a number of issues in trade mark and community law, and could have significant implications for Google's AdWord policy and future search engine trade mark disputes in Australia.

Background

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A story of blimps and telephones: governments take a stand on “ambush marketing”

Despite its combative connotations, ‘ambush marketing’ does not refer to aggressive telemarketers, or the volume of TV advertising these days.  Rather, classic ambush marketing occurs when a company attempts to intrude on an existing arrangement between a sponsor and an event, to get the benefits of being associated with the event, without needing to pay the sponsorship fee.  The techniques for doing this can be quite subtle, designed to allude to the event without referring to it by name.

Developments in New Zealand

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