IP Law articles

• End of the road for Roadshow: iiNet did not authorise copyright infringement | Legal briefing

  09 May 2012 - Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16 On 20 April, the High Court of Australia delivered a long awaited jud…

• TiVo successful in Australian trade mark dispute: "Vivo" held to be deceptively similar | Legal briefing

  04 May 2012 - TiVo Inc v Vivo International Corporation Pty Ltd [2012] FCA 252 In a decision that canvasses and helpfully clarifies…

• Google found liable for misleading and deceptive representations in AdWords sponsored links | Legal briefing

  04 May 2012 - ACCC v Google Inc [2012] FCAFC 49 The Full Federal Court has unanimously held that search giant Google engaged in &lsq…

• NRL and AFL victorious on appeal: Optus TV Now found to infringe copyright | Legal briefing

  27 Apr 2012 - National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59 The Federal Court of Australia h…

• iiNet’s High Court victory: ISP did not authorise copyright infringements by customers | Legal briefing

  25 Apr 2012 - Roadshow Films Pty Ltd v iiNet Limited [2012] HCA 16 In an historic judgment handed down on 20 April, the High Court o…

• When competing with a former employer can be an expensive exercise | Legal briefing

  01 Apr 2012 - If you are an employee proposing to set up in competition with your employer, you should not use or take with you records…

• Prof. Jill McKeough to lead ALRC review of copyright law and exceptions | Legal briefing

  28 Mar 2012 - Australia’s Attorney-General, the Hon Nicola Roxon MP, has appointed Professor Jill McKeough to lead an upcoming inq…

• IP Update - March 2012 Issue 15 | e-Publication

  28 Mar 2012 - Foreword Welcome to the first edition of the IP Update for 2012. In this edition of the IP Update we discuss a nu…

• Copyright infringement in house plans: when will inferences be drawn about similar features? | Legal briefing

  27 Mar 2012 - Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd [2012] FCAFC 4 As a general proposition, people do not…

• “Sample” leaves DJ in red for damages for infringement of rapper's moral rights | Legal briefing

  27 Mar 2012 - Perez v Fernandez [2012] FMCA 2 In an Australian first, the Federal Magistrates Court of Australia has ordered an awar…

• Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 passed by Parliament | Legal briefing

  21 Mar 2012 - A bill which substantially reforms Australia's intellectual property laws was passed unamended by the House of Represe…

• UCP Gen Pharma's "Revasc" pharmaceutical trade mark to remain on register | Legal briefing

  20 Mar 2012 - UCP Gen Pharma AG v Mesoblast Inc [2012] FCA 210 On 15 March 2012, Justice Jessup of the Federal Court of Australia ex…

• Full Court exercises its discretion to order removal of Wild Geese trade mark | Legal briefing

  16 Mar 2012 - Austin, Nichols & Co Inc v Lodestar Anstalt [2012] FCAFC 8 ("Austin Nichols v Lodestar") The Full Court…

• Fed Court: Optus didn't infringe copyright, but AFL can liken it to "stealing" | Legal briefing

  06 Mar 2012 - SingTel Optus Pty Limited v Australian Football League [2012] FCA 138 The copyright dispute involving Australian telec…

• Sydney restaurant re-ordered to cease using Heston Blumenthal's "Fat Duck" | Legal briefing

  05 Mar 2012 - SL6 Limited v Fat Duck Pty Ltd [2012] FCA 71 A recent decision by the Federal Court of Australia involving the owners…

• Australian radio stations not required to pay copyright royalties to simulcast online | Legal briefing

  24 Feb 2012 - Phonographic Performance Company of Australia Ltd v Commercial Radio Australia Limited [2012] FCA 93 The Federal Court…

• Optus’ online DVR found not to infringe copyright; AFL and NRL set to appeal | Legal briefing

  21 Feb 2012 - Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No.2) [2012] FCA 34 The Federal Court has ruled tha…

• Admissibility of survey evidence: Pacific Brands penalised for ignoring Court procedure | Legal briefing

  24 Jan 2012 - Adidas AG v Pacific Brands Footwear Pty Ltd [2011] FCA 1205 The Federal Court of Australia has dismissed an applicatio…

• Symbion undone by Full Court's "ordinary person" approach to comparison of trade marks | Legal briefing

  10 Jan 2012 - The Full Court of the Federal Court of Australia has overturned the trial Judge's decision in Symbion Pharmacy Service…

• Personal Property Securities Act commences 30 January 2012: 4 ways to prepare | Legal briefing

  09 Jan 2012 - In 2009, the Federal Government passed the Personal Property Securities Act (PPSA) which fundamentally changes the landsca…

• ISPs propose “5 strikes and you’re warned” infringement policy; copyright owners unsatisfied | Legal briefing

  05 Dec 2011 - An alliance of ISPs has proposed a self-regulated scheme to warn infringing users about the potential consequences of thei…

• It’s over: High Court will not hear Kookaburra v Down Under copyright appeal | Legal briefing

  29 Nov 2011 - EMI Songs Australia Pty Limited & Anor v Larrikin Music Publishing Pty Ltd [2011] HCATrans 284 The coda of the &ls…

• Commencement date for new Personal Property Securities regime looms nearer | Legal briefing

  28 Nov 2011 - On 24 November 2011, the Senate passed a Bill to amend the Personal Property Securities Act 2009 (Cth) (PPSA) to give the…

• Google “victorious” in Sponsored Links dispute with ACCC; appeal on foot | Legal briefing

  28 Oct 2011 - This article first appeared in the Chinese-language edition of Managing Intellectual Property. To download the article in…

• Apple v Samsung – why the Court temporarily banned the sale of an iPad rival | Legal briefing

  27 Oct 2011 - Apple Inc v Samsung Electronics Co. Limited [2011] FCA 1164 In a decision handed down on 13 October 2011, Justice Anna…

• Protecting brands on Google: a practical guide | Legal briefing

  06 Oct 2011 - Ensuring visibility on search engines’ result pages has become a core component of any online marketing strategy. Co…

• Spotless manager faces $100k bill for breaching duties of fidelity, confidentiality | Legal briefing

  03 Oct 2011 - Spotless Group Limited v Blanco Catering Pty Ltd [2011] FCA 979 Whilst clarity of thought often only comes with hindsi…

• Overturned on appeal: Full Federal Court protects reputation in the get-up of Bodum coffee plunger | Legal briefing

  30 Sep 2011 - Bodum v DKSH Australia Pty Limited [2011] FCAFC 98 On 5 August 2011, the majority of the Full Federal Court (Greenwood…

• Sanofi-Aventis v Apotex: method of treatment claim found valid and infringed | Legal briefing

  30 Sep 2011 - Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No. 3) [2011] FCA 846 In a decision which considers both patent a…

• New procedures encourage early dispute resolution in Australian federal courts | Legal briefing

  30 Sep 2011 - As of 1 August 2011, most Federal Court and Federal Magistrates' Court litigants are required to file a "genuine…

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