Archive for the 'IP' Category

Focus: Full Court rules White and Yellow Pages not ‘original literary works’

Saturday, December 18th, 2010

 Allens Arthur Robinson   In brief: In a landmark copyright decision, the Full Federal Court has upheld a decision that copyright in both the White Pages and the Yellow Pages directories was not made out because computer programs, rather than human authors, had done the crucial work of arranging the information and producing the particular [...]

Senate releases report into Gene Patents

Monday, December 6th, 2010

Norton Rose Introduction Key Recommended Amendments to the Patent Act 1990 Future Developments   Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.

YOURBRAND domain name applications starting soon

Thursday, November 25th, 2010

Allens Arthur Robinson In brief: As the opening for applications for the new generic top level domain names (eg .YOURBRAND) draws closer, Partner Tim Golder (view CV), Senior Associate Jesse Gleeson and Law Graduate Nadia Guadagno look at the proposed final version of the Applicant Guidelines recently released by the Internet Corporation for Assigned Names [...]

Amendments pop cork on new GIs and traditional expressions

Wednesday, November 10th, 2010

Allens Arthur Robinson In brief: Recent amendments to the Trade Marks Act 1995 (Cth) now make provision for the amendment of trade mark registrations affected by the inclusion of new EU geographical indicators and traditional expressions on the Register of Protected Names. Trade Mark Attorney Carissa Apps and Senior Associate Mark Williams report on the [...]

No copyright in headlines

Sunday, September 12th, 2010

Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd [2010] FCA 984 Interview with Miriam Stiel, Partner at Allens Arthur Robinson and transcript. Brisbane Barrister – David Cormack

Lion mauled by High Court of Australia

Monday, May 31st, 2010

31 May 2010 | by Nick Weston Nick Weston, the principal of law firm and trade marks attorneys, Nicholas Weston, comments on this month’s High Court decision in which brewing giant Lion Nathan has been forced to change one of its trademarks.   Read more in theNewLawyer and reproduced with permission. See also: High Court’s media [...]

Who Is Using Your Trade Mark In Google AdWords?

Wednesday, May 5th, 2010

A recent Federal Court case considered the legalities of a company using a trade mark owned by another party as a search term in its Google AdWords campaign. Read more of the article by Jamie White, Partner of Edge Legal. Reproduced with permission of Edge Legal in accordance with their terms of use.

HCA – trade marks & aggrieved person’s standing

Thursday, April 22nd, 2010

Health World Ltd v Shin-Sun Australia Pty Ltd [2010] HCA 13 (21 April 2010)   The issue in contention concerned the interpretation of the standing of an “aggrieved person” or “person aggrieved” in sections 88(1)  and 92(1) of the Trade Marks Act 1995 (Cth). In allowing the appeal their Honours FRENCH CJ, GUMMOW, HEYDON AND BELL [...]

No copyright in White or Yellow Pages databases

Tuesday, February 16th, 2010

Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44 Justice Gordon in applying IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14; (2009) 254 ALR 386 has found that there is no copyright in the data contained in the White Pages or Yellow Pages directories. The rationale for this is [...]

David Cormack, Barrister