Intellectual Property Litigation Round-Up –15 August 2014
An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 15 August 2014.
Significant changes to New Zealand Patent annuities
On 13 September 2014, changes to New Zealand Patent law come into effect which mean that renewal fees will be payable every year from the 4th anniversary. This is a significant change from the current law which only requires renewal in the 4th, 7th, 10th and 13th years. Because the current law permits patentees to …
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Counterfeiting: an increasing global phenomenon
When goods are counterfeited, rights holders lose revenue, market share, and can face significant damage to the brand’s reputation. Counterfeit products are often poor quality and can even be dangerous, so consumers may be putting themselves at risk without even realising it. The difficulties in evaluating damage The scale of counterfeiting – like any other …
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Australian Trademark Opposition Round-Up 7 August 2014
An Australian Trademark Opposition Round-Up from the Trade Mark Office Journal dated 7 August 2014. If you wish to oppose the registration of trade marks of others, or if your own applications have been opposed by third parties, please contact us.
More Copyright in Selfies; Australian Politicians and other Animals
Our recent blog on ownership of copyright in animal selfies here has generated a couple of follow up questions. 1. Is there copyright in segments of wildlife films where a hidden camera is activated by detecting the animal’s movement? Yes. Cinematograph films (as the Copyright Act quaintly refers to them ) unlike photographs are not “works”, …
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Australian Design Certification Round-Up – 24 July 2014
A round-up of Australian Designs which have been certified from the Designs Office Journal dated 24 July 2014. If you wish to file, certify or register your designs, please contact us.
Trade mark squatters in China
China follows a ‘first-to-file’ rule for obtaining trade mark rights. This means that the first person to file a trade mark application will generally have priority over a prior user of the trade mark in the People’s Republic of China (PRC). There is no common law protection for unregistered trade marks in the PRC, except …
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Australian Trade Mark Non-Use Proceedings Round-Up 7 August 2014
An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 7 August 2014. If you wish to start any non-use proceeding against trade marks of others, or if your own trademarks have had non-use proceedings brought against them by third parties, please contact us.
Intellectual Property Litigation Round-Up –8 August 2014
An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 8 August 2014.
Monkey Selfies, Elephant Expressionism – is there copyright in Australia in animal generated works?
If you read The Washington Post, The Telegraph, The Guardian or The Age (or any other major newspaper) in mid-August, you may be aware of the dispute between Wikipedia and photographer David Slater concerning the ownership of copyright in a selfie taken by a monkey who, according to the photographer, had ‘stolen’ his camera. If not, …
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