As of 1 July 2017, it’s not just cows that have a right of way on Norfolk Island, the Plant Breeder’s Rights Act 1994 (PBR Act) now applies. As part of the Government’s commitment to providing the residents of the island with the same rights and responsibilities as people in the rest of Australia, PBR …
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Congratulations to our very own Helen Kavadias, Senior Associate in our Sydney office, for being listed as an outstanding IP strategist in IAM Strategy 300 – The World’s Leading IP Strategists. The survey identifies individuals around the globe who are leading the way in the development and implementation of strategies that maximise the value of …
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In the case of IPC Global Pty Ltd v Pavetest Pty Ltd (No 3) [2017] FCA 82, the Federal Court was given the difficult task of determining what was a ‘substantial part’ of the source code of a piece of software for the purposes of constituting copyright infringement. The case concerned allegations of copyright infringement …
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In Dincel Construction System Pty Limited v AFS Systems Pty Ltd [2017] FCA 262, the Federal Court granted interlocutory relief to a company with a single product (a so-called ‘one trick pony’) against one of the CSR group of companies. The injunction prevented AFS from marketing or selling its potentially infringing product, pending the outcome …
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In Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd (No 3) [2017] FCA 60, the Applicant, Clipsal, successfully brought action against Clipso Electrical Pty Ltd for the cancellation of its CLIPSO trade mark registration. Whilst it also succeeded in one of its two trade mark infringement claims and related causes of action, it failed …
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The case of Peter Vogel Instruments Pty Ltd v Fairlight.Au Pty Ltd [2016] FCAFC 172 (9 December 2016) highlighted the importance of a written agreement in determining the parties’ rights when a business relationship breaks down. This case involved an agreement for Fairlight to develop software for Peter Vogel (PV) in return for four progress …
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The Law Australia has very strong consumer protection laws, contained in the Australian Consumer Law (ACL). One consumer ‘guarantee’ requires that goods be of ‘acceptable quality’ (for example, fit for purpose, free from defects etc.). This guarantee applies to goods of a kind ‘ordinarily acquired for personal, domestic or household use or consumption’ (consumer goods) …
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The expression ’use it or lose it‘ is often applied to retaining learned skills, but can also apply to retaining rights, particularly rights obtained by trade mark registration. In Australia, owners must use their mark within five years of applying for the mark. Once that five year period expires, any person can apply to remove …
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The British Government recently announced its intention to ratify the Unitary Patent System. As a result, the new European Unitary Patent System may be up and running in late 2017 or early 2018. As part of the new system, the British Government will host the Unified Patent Court which will hear disputes relating to European …
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The Australian Productivity Commission recently released its final report on their inquiry into Australian intellectual property (IP) arrangements. The Commission’s inquiry adopted a holistic approach considering all of Australia’s IP rights, with the specific intention of identifying ways the IP system could be improved. The final report was publicly released on 20 December 2016 and …
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