Way more than an everyday interest in IP
A unanimous Full Federal Court has held that a computer implemented method of creating an investment index is not patentable, on the basis that the substance of the claimed invention – an abstract idea or scheme – is itself not patentable subject matter and just because the claimed invention could be implemented using a computer read more…
In a decision handed down this afternoon, the Full Court has unanimously dismissed an appeal by Research Affiliates LLC from a decision of Justice Emmett in 2013 (summary here). The Full Court affirmed Justice Emmett’s decision that the claimed invention of two patent applications, in the name of Research Affiliates, is not a manner of read more…
“What’s in a name? That which we call a rose. By any other name would smell as sweet.” – Shakespeare What if roses, instead of being called “roses”, were called “stink bells”? Would they smell as sweet? What if they were called “crapweed” or “stench blossoms”, as Bart Simpson famously suggested? What about if they read more…
I recently caught up on some UK legal developments, and was struck by a decision which held that the English common law did not recognise a lien over intangible property. Much of what the Court of Appeal had to say in its decision is likely to be influential in Australia. The case involved two parties read more…
A Full Court of the Federal Court of Australia held recently that a fairly typical software distribution agreement did not confer on the distributor a right to use source code. One may ask why would the parties need to know? The answer lies in the application of royalty withholding tax to payments made by Australian read more…
There wouldn’t be many people left who haven’t purchased something from overseas. E-commerce is booming here and overseas. But while it’s great for consumers and opens up new markets for businesses, it isn’t without its legal issues. For example, do the rules preventing companies from misleading and deceiving consumers in Australia apply to statements made read more…
You may be familiar with Comic-Con, a worldwide organization that runs conventions for comic fans, made famous by geeks in dress up and legendary guest stars. Well, last month’s San Diego Comic-Con was made famous for another reason – a holographic appearance by Homer Simpson has led to The Simpsons being sued for patent infringement. read more…
“Like our page!” is a phrase you see a lot on Facebook. But following a change to Facebook’s Platform Policy last week, you may not see it as much. Great news for users, but maybe not-so-great news for those businesses relying on like-gates to gain traction on Facebook. Here are 8 things that all businesses on read more…
The days of unauthorized in-app purchases are well and truly numbered, following a spate of private and regulatory enforcement action in the United States, and the issue being firmly on the agenda of regulators in the UK, EU and Australia. Our friends at our sister blog In Competition have written a post about this issue. read more…