UPDATED: Sweet rewards
18 June 2009
Updated: Mallesons has published an alert giving further analysis of the decision – available here.
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All Mallesons Pulse Posts
All Mallesons Pulse Posts
Bavaria, beer, and bad grammar: how to avoid s 61 of the Trade Marks Act
18 June 2009
In a recent Federal Court case, the Brewery Association of Bavaria (BBA) claimed that the German state of Bavaria was so synonymous with beer that the word “BAVARIA” on a beer label would amount to a geographical indicator (GI), contrary to s 61 of the Trade Marks Act (the Act).
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Final witness statements no longer privileged
17 June 2009
Two recent decisions of the Full Federal Court and the NSW Supreme Court have displaced the long-held presumption that final witness statements are protected by legal professional privilege.
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“Three strikes and you’re out” law overturned by the French Constitutional Council
12 June 2009
The French Constitutional Council ruled on 10 June 2009 that the Création and Internet Law (known more colloquially known as the “loi Hadopi” or the “three strikes and you’re out” law) was unconstitutional.
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Inventors speak: IPRIA patent infringement survey
10 June 2009
On Tuesday 9 June, I attended an IPRIA seminar at which Kimberlee Weatherall (UQ) and Assoc Prof Beth Webster (Melbourne) of IPRIA presented the results of a survey of inventors which attempts to measure the incidence of patent infringement in Australia.
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The perils of enforcing US patent rights: Developments in declaratory judgment jurisprudence
10 June 2009
The US Federal Circuit recently held that when seeking a declaratory judgment in relation to a patent held by a foreign entity, specific personal jurisdiction is only appropriate where that entity has sufficient contacts with the jurisdiction in which the judgment is pursued.
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US Supreme Court to rule on business method patents in Bilski
9 June 2009
A data processing system for pooling the assets of investors; a method for structuring a financial transaction to protect an individual’s assets; a method of hedging against the risk of a spike in the price of coal: are these patentable inventions?
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PCT II – A step closer to an international patent?
5 June 2009
The United States Patent and Trademark Office has proposed to WIPO a comprehensive overhaul of the PCT system, dubbed PCT II, which would further internationalise the patent application system.
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Txt “STOP” to Mobile Premium Services – ACMA finally registers the Mobile Premium Services Industry Code
5 June 2009
No doubt you are aware of those pesky ads on TV asking you to text “FLIRT” if you want to discover how much of a flirter your partner is, text for that too-catchy too-cute ringtone, or even claiming to be able to tell you whether your lover is “the one”.
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Weighing up a work of joint authorship: more on IceTV
2 June 2009
On 22 April 2009 the High Court delivered its decision in Ice TV Pty Ltd v Nine Network Australia Pty Ltd.
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