Archives for: ‘Technology, media, entertainment & telecommincations’

Manner of manufacture and software-based inventions: What does it mean for an invention to involve “an improvement in the computer”?

Whether inventions relating to the use of a computer are patentable according to the ‘manner of manufacture’ test has for many years been unclear in Australia.  This uncertainty, together with inconsistencies in how the law has been applied by the courts and the Australian Patent Office (APO), were just some of the contentious issues recently considered by a full bench of five judges from the Federal Court in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd (NSD 734/2018)

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Artificial-Impressionists: a movement of AI-generated artwork

Remember Naruto, the monkey that took a selfie?  Courts in the United States determined that human authorship was a requirement for copyright protection.  So, if we can’t award monkey copyright, what about AI? 

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“13 Reasons Why” to watch Article 13 – Copyright reform in the European Union

Last week, a plenary session of the European Parliament has voted to adopt changes to the Directive on Copyright in the Digital Single Market (or the Copyright Directive for short), that was first introduced by the European Parliament Committee on Legal Affairs on 20 June 2018.

The Copyright Directive contains a number of sections that have been extremely polarising – critics argue that the Copyright Directive will encourage a form of censorship while supporters argue that the Copyright Directive will protect the works of artists and creators. One of the most contentious parts of the Copyright Directive is Article 13.

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Domain name disputes: Will the President play his trump card again?

The Trump Organisation owns a lot of domain names – around 3,000, for everything from <TrumpOnTheRocks.com> to <TrumpRussia.com>.  Unfortunately for the President, this impressive portfolio doesn’t include <TrumpHotels.org>. Golf enthusiasts, honeymooners and high-powered executives wanting to stay at one of Trump’s 11 hotels will not find what they are looking for at <TrumpHotels.org>.  The website features images of America’s immigrant …

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How AI is shaping healthcare

As keepers of the world’s ‘big data’, many of the major tech companies  are naturally well placed to turn to the data-hungry development of artificial intelligence, or AI.  And while AI is a hot topic in almost every industry, its presence and potential application in healthcare is exploding. AI – what is it exactly? In the simplest sense, AI is …

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HOUSE HUNTERS – favourable treatment of TV show titles at the EUIPO Board of Appeal level

Ahhhh, I love the smell of a freshly printed EUIPO absolute grounds case in the morning! Often the most interesting decisions are those relatively rare beasts in which the initial examination objection is overturned by the Board. In a recent decision, the 4th Board of Appeal had to consider the registrability of HOUSE HUNTERS in respect of class 41 services: …

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Gotta catch ‘em all – Pokémon Company International, Inc. v Redbubble Ltd

In the battle against copyright infringement in the online world, rights holders are increasingly targeting aggregators and disseminators of infringing content, rather than doing battle with individual infringers themselves. In a recent example of this, Pokémon Company International (Pokémon) won in their Federal Court pursuit of copyright infringement claims and breach of consumer protection laws against Redbubble Ltd (Redbubble), the …

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Summer BOD competition: social media queens engage in trade mark litigation

Social media queens Sophie Guidolin and Rachael Finch both run fitness businesses through Instagram, promoting the #healthy lifestyle. The contested use of the word ‘BOD’ by Rachael Finch led Sophie Guidolin to apply for an interlocutory injunction for trade mark infringement, as well as passing off and/or breach of the Australian Consumer Law. In deciding whether to grant the interlocutory …

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Sorry – your name isn’t on the list! Canada’s Supreme Court orders Google to de-index certain unlawful websites globally

A decision in June by Canada’s Supreme Court in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 has ordered Google to de-list certain unlawful websites from its search results worldwide. The decision has sparked immediate debate about the implications of such global takedowns on freedom of speech and on the power of Internet intermediaries. Background Equustek Solutions (Inc.) (Equustek), …

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