Perplexing, polarising and a collective delusion: NFT’s are back in the spotlight again

NFT’s are once again colliding with existing legal frameworks governing intellectual property ownership, and from the outset it appears as though NFT’s are facing an uphill battle. This once again highlights the importance of understanding the laws governing intellectual property ownership and the associated rights.  Hermès Birkin vs MetaBirkins Hermès International (Hermès) has recently filed …
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Wordle, Quordle & IP Law

Admit it, you’ve already solved today’s wordle, right?! Around the world people have been buying into the Wordle phenomenon. For those not playing along at home, Wordle is a five letter word guessing game, which in itself is not a new concept. However, Wordle has attracted mass appeal due to the ability to share the …
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Dune, DAO and Copyright

NFTs and Spice DAO (which stands for Decentralised Autonomous Organisation) have made the news for thinking that the laws of copyright don’t apply to the virtual realm and having their error corrected publicly by users on Twitter. Jodorowsky’s Dune Back in June 2021, POF considered the question of what a purchaser is actually acquiring when …
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Aboriginal Flag free in $20 million copyright deal

The Australian Government has been assigned copyright in the Aboriginal Flag as part of a $20 million deal to purchase the rights from its creator, paving the way for its use without permission or the payment of a fee. Luritja artist and activist Harold Thomas designed the flag, which has become a symbol of Aboriginal …
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War on copycats within the fashion industry

Many businesses face the threat of copycats.  Therefore, it is essential to be proactive and protect your business as much as possible.  State of Escape, the business behind the popular perforated neoprene tote bags, has had its fair share of copycats.  In a Q&A below, with Anita Brown of Phillips Ormonde Fitzpatrick, their business’ co-founder, …
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First Flex of revised Copyright Act “whack-a-mole” provisions

Since 2015, copyright holders have been able to seek injunctions against Internet Service Providers requiring them to block their customers from accessing sites which contain infringing content by way of Section 115A of Australia’s Copyright Act 1968.  These provisions, equivalents of which exist in a number of other jurisdictions, have been colloquially known as “whack-a-mole” …
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Redbubble gets caught by Pokémon

In Pokémon Company International, Inc. v Redbubble Ltd [2017] FCA 1541 the Applicant, who is responsible for the licensing of Pokémon related products, alleged that the Respondent had breached the Australian Consumer Law by making misleading and deceptive representations and also infringed its copyright in various Pokémon characters. Redbubble provides an online platform for artists …
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Australian Government supports phasing out of the innovation patent system

Today the Australian Government released its response to the Productivity Commission’s inquiry into Australia’s IP system.  Both the Productivity Commission and the former Advisory Council on Intellectual Property had recommended that the innovation patent system be abolished, a recommendation that the Australian government has supported. An innovation patent requires a lower level of innovation than …
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