Archives for: ‘John Swinson’

US copyright – register for your remedies

Foreign copyright holders who create material that has international value should consider registration of their copyright with the United States Copyright Office, as failure to do so may result in the denial of key remedies in the event of copyright infringement in the United States.  For authors of United States works, registration will also be crucial in most cases.  The perils of not registering copyright in the United States was recently highlighted in the US decisions of Elsevier BV v UnitedHealth Group, Inc and Reed Elsevier, Inc v Muchnick, for

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Marking goods for sale in the US

 

A recent decision by the United States Court of Appeals has again underscored the importance of ensuring that goods sold in the United States contain accurate patent markings.  Mallesons partner John Swinson takes a close look at the salient features of the decision and the United States and Australian position on patent marking here.

 

 

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Lucky Escape – Topbuy Avoids Fine of up to $1.1 Million Per Day

On 1 December 2009, online retailer Topbuy was issued with a formal warning from the Australian Communications and Media Authority (ACMA) for breaching the Spam Act 2003 (see ACMA’s press release). Following investigations into three commercial electronic messages sent by Topbuy to consumers without their consent, ACMA concluded these messages represented a broader systemic problem.

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