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Copyright articles
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Raising the Bar: improvements to Customs seizures for trade mark and copyright owners
21 May 2012 |
The significant intellectual property law reforms contained within the recently enacted Intellectual Property Laws … -
End of the road for Roadshow: iiNet did not authorise copyright infringement
09 May 2012 |
On 20 April, the High Court of Australia delivered a long awaited judgment to finally determine the four year copyright … -
NRL and AFL victorious on appeal: Optus TV Now found to infringe copyright
27 Apr 2012 |
The Federal Court of Australia has this morning handed down an eagerly awaited judgment concerning Optus’ cloud-based … -
iiNet’s High Court victory: ISP did not authorise copyright infringements by customers
25 Apr 2012 |
In an historic judgment handed down on 20 April, the High Court of Australia has unanimously held that internet service … -
Prof. Jill McKeough to lead ALRC review of copyright law and exceptions
28 Mar 2012 |
Australia’s Attorney-General, the Hon Nicola Roxon MP, has appointed Professor Jill McKeough to lead an upcoming … -
Copyright infringement in house plans: when will inferences be drawn about similar features?
27 Mar 2012 |
As a general proposition, people do not commence legal proceedings lightly. Litigation is expensive and in the vast majority … -
“Sample” leaves DJ in red for damages for infringement of rapper's moral rights
27 Mar 2012 |
In an Australian first, the Federal Magistrates Court of Australia has ordered an award of damages to an internationally … -
Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 passed by Parliament
21 Mar 2012 |
A bill which substantially reforms Australia's intellectual property laws was passed unamended by the House of … -
Fed Court: Optus didn't infringe copyright, but AFL can liken it to "stealing"
06 Mar 2012 |
The copyright dispute involving Australian telecommunications provider Optus and Australian digital sports broadcasting … -
Australian radio stations not required to pay copyright royalties to simulcast online
24 Feb 2012 |
The Federal Court of Australia has recently determined that a simulcast is a "broadcast" within the meaning of the … -
Optus’ online DVR found not to infringe copyright; AFL and NRL set to appeal
21 Feb 2012 |
The Federal Court has ruled that an internet-based television recording service provided by Optus to its mobile network … -
ISPs propose “5 strikes and you’re warned” infringement policy; copyright owners unsatisfied
05 Dec 2011 |
An alliance of ISPs has proposed a self-regulated scheme to warn infringing users about the potential consequences of their … -
It’s over: High Court will not hear Kookaburra v Down Under copyright appeal
29 Nov 2011 |
EMI Songs Australia Pty Limited & Anor v Larrikin Music Publishing Pty Ltd [2011] HCATrans 284 The coda of … -
Testing the boundaries of "product information" exemptions to copyright infringement in Australia
29 Nov 2011 |
In the first decision to substantively examine recent amendments to the Copyright Act which now allow generic pharmaceutical … -
Protecting brands on Google: a practical guide
06 Oct 2011 |
Ensuring visibility on search engines’ result pages has become a core component of any online marketing strategy. … -
Spotless manager faces $100k bill for breaching duties of fidelity, confidentiality
03 Oct 2011 |
Whilst clarity of thought often only comes with hindsight, there are occasions when one can only muse: "What were they … -
Sanofi-Aventis v Apotex: method of treatment claim found valid and infringed
30 Sep 2011 |
In a decision which considers both patent and copyright issues, the Federal Court recently found in favour of the … -
Roadshow v iiNet: landmark copyright infringement authorisation case set for High Court
08 Sep 2011 |
The Australian High Court has granted special leave to Roadshow Films and other members of the Australian Federation against … -
High Court refuses application for leave to appeal Telstra v PDC
02 Sep 2011 |
The High Court this morning refused Telstra's application for leave to appeal the Full Federal Court's decision in … -
No constructive trust over copyright in photos and film created by trespassers
10 Aug 2011 |
In a decision handed down on 29 March 2011, the NSW Supreme Court held that a constructive trust did not arise in respect of … -
Changes to the Australian Trade Marks Act 1995
19 Jul 2011 |
Since June 2009, IP Australia has been working towards reforming case management for trade mark oppositions. The Bill … -
Cartridge reseller ordered to destroy infringing printer compatibility charts if copyright appeal unsuccessful
30 Jun 2011 |
Dynamic Supplies Pty Ltd v Tonnex International Pty Ltd (No. 2) [2011] FCA 675 ("Dynamic Supplies (No. 2)") The … -
Full Court decides on appeal that a substantial part of “Kookaburra” was copied in Men at Work’s “Down Under”
14 Jun 2011 |
The battle between two iconic Australian musical works continued in the appeal proceedings before the Full Court of the … -
Federal Court: Dennis Family Homes infringed copyright by taking Barrett Property Group’s Alfresco Quadrant
02 Jun 2011 |
On 18 March 2011, Justice Dodds-Streeton of the Federal Court held that Dennis Family Homes Pty Ltd (Dennis) had infringed … -
TGA pharmaceutical product information loses copyright protection in Australia
31 May 2011 |
Further to our legal update in March, the Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 has been passed by … -
Three strikes policy for copyright infringement lands in New Zealand. Is Australia next?
30 May 2011 |
The New Zealand parliament has amended the Copyright Act 1994 (NZ) to introduce a ‘three strikes’ policy towards … -
When is money payable in IP transactions a “royalty” for the purposes of Australian withholding tax?
12 May 2011 |
The recent Federal Court of Australia decision in International Business Machines Corporation v Commissioner of … -
Federal Court: Cartridge reseller copied compilation of printer compatibility and misled with ‘Australian product’ claims
02 May 2011 |
A recent dispute between two printer cartridge resellers has demonstrated the types of human effort that must be shown in the … -
Federal Court revisits copyright damages principles in G-Star counterfeiting case
07 Apr 2011 |
A recent decision of the Federal Court concerning the sale of counterfeit “G-Star” branded clothing provides a … -
EMI unsuccessful in "Kookaburra" copyright infringement appeal Down Under
07 Apr 2011 |
EMI has lost an appeal to the full bench of the Federal Court against an earlier ruling that Men at Work’s famous pop …
