Updated to add in Lord Kitchin's comments about the policy issue
https://ipwars.com/uksc-rejects-thaler-and-dabus/#comment-6349107161
I corrected the image of the "classic" Lavazza qualità Oro packaging dating from 1979 - makes the change in branding and the different outcome on trade mark use rather more understandable!
https://ipwars.com/lavazza-qualita-oro-oro-tarnished-or-sanity-restored/#comment-6336863353
Thanks for drawing this decision to our attention, Warwick. However, it might depend on the Australian state in which the declaration is witnessed. For example, under s19(1)(s) of the Victorian...
https://ipwars.com/attorneys-cant-witness-stat-decs-for-iponz/#comment-6335001794
For issues that arise where the source code has been destroyed and overcoming the problems arising when executable code is decompiled, see PQ Systems Europe Ltd & Anor v Aughton & Anor EWHC 581 ...
https://ipwars.com/is-there-a-copyright-work-and-who-owns-it/#comment-6239202673
Craig Smith SC has some interesting points on the "deceptive similarity" test over on the List G website: https://www.listgbarristers.com.au/publications/intellectual-property-law-update-some-w...
On the subject of an AI as an inventor or an author, the IPKat has recently had 2 book reviews: - Intellectual Property Protection for AI-Generated Creations: https://ipkitten.blogspot.c... ...
https://ipwars.com/thaler-dabus-is-donged-down-under/#comment-6042488824
Thanks for the update, Mark. Not sure there will be too much doubt about the outcome given the decisions cited by Marcys Smith J.
https://ipwars.com/2021/09/06/more-on-dabus-this-time-in-old-blighty/#comment-5523967370
Further to the UK proceedings, the High Court decision was appealed to the Court of Appeals, which heard the case at the end of July. A decision is expected later in the year, I believe.
https://ipwars.com/2021/09/06/more-on-dabus-this-time-in-old-blighty/#comment-5523944752
Thanks, Mark. I hadn't appreciated it was under the ADJR Act. In that case, it looks like Beach J's decision resolved all issues (in the proceeding) between the parties (as when I last looked t...
https://ipwars.com/2021/08/31/dabus-down-under-take-3/#comment-5517254004
Hi Warwick, I wasn't sure whether leave is required or not. The original application was not an appeal from a decision of the Commissioner, but an application for review under the Administrativ...
https://ipwars.com/2021/08/31/dabus-down-under-take-3/#comment-5516276761
Added not to correct the sentence in "in his Honour's principal reasons: Lid dip: Sue Gatford
https://ipwars.com/2021/05/31/fearless-girl-the-sequel/#comment-5403937178
Another moral of the story: that when transferring a global portfolio of trade marks you should not assume that the laws of foreign countries are all the same as that of your home country.
http://ipwars.com/2020/05/27/yellow-tops-and-labels/#comment-5033594402
Nicholas J’s view on the directness of the loss may be contrasted with that of Jagot J in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth FCA 1556; 136 IPR 8 at where her Honour said (in pa...
Great! Thanks, Mark!
http://ipwars.com/2020/02/12/productivity-commission-response-no-2/#comment-4793089325
You'll need to refer to the Third Reading text of the Bill, which includes the amendments passed in the Senate, to find the change in the commencement date, and provisions relating to the statuto...
http://ipwars.com/2020/02/12/productivity-commission-response-no-2/#comment-4793041714
By way of contrast, Redbubble escaped liability in the USA: Oklahoma State University v Redbubble - https://blog.ericgoldman.or...
http://ipwars.com/2019/03/19/hells-angels-v-redbubble/#comment-4415195089
'...an assertion by Professor Braun that “n cases where the screens are very similar, the underlying Object Code in the Video RAM is also very similar”' Video RAM contains nothing but a dig...
http://ipwars.com/2017/12/05/copyright-and-computer-software/#comment-3647323546
Hello, your RSS feed (http://ipwars.com/feed/) isn't validating, could you please fix it? https://validator.w3.org/fe... Thanks!
Thank you for this note
Well, Logan J distinguished between advising on prospects (or at least whether there was a trade mark infringement) (privileged) and drafting submissions (response) (not privileged). That of cour...
This is true, I am surprised it wasn't cited though. What is your take on attorneys acting in UDRP matters? It clearly isn't filing documents in a court and falls in line with the administratio...
Thanks for drawing that decision to our attention, Matthew. I agree there are aspects of Wundowie (https://jade.io/article/212... that seem more expansive. Arguably, however, the two decisions c...
This decision seems to stand in stark contrast to Wundowie Foundry Pty Ltd v Milson (1993) 44 FCR 474
Hi reducing the term of copyright to '15" years , would require a lot of international agreement , Yes ? Has it got even a Bucklys chance in the real world ?
http://ipwars.com/2016/05/03/productivity-commission-reports-on-ip-in-draft/#comment-2690118998