Allen Hardware Products Pty Ltd v Tclip Pty Ltd [2008] ADO 8, saw delegate Herald consider an application by Tclip for revocation of certain registered designs in the name of Allen Hardware on the basis of lack of entitlement. The delegate considered that principles relating to inventorship under the Patents Act should be applied to [...]
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The Copyright (New Technologies) Amendment Act 2008, which received the Royal Assent on 11 April 2008, has amended infringement provision relating to the importation of films. A person will now infringe copyright in a film if that person: (a) imports a copy of the film into New Zealand within 9 months of first being made [...]
Click here to see the full post The manner of calculating an account of profits by reason of copyright infringement was considered by Heerey J in Tenderwatch Pty Ltd v Reed Business Information Pty Ltd [2008] FCA 931. On the question of what proportion of the profits made were attributable to the infringement, his Honour considered that the use made of the [...]
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In E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2008] FCA 934, handed down on 20 June 2008, Flick J considered a claim by Gallo that Lion Nathan had infringed Gallo’s trade mark BAREFOOT, registered in relation to wine by the sale of beer under the trade mark BAREFOOT RADLER. On the [...]
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This case (The Commonwealth of Australia v John Murray Charlesworth [2008] APO 16 (3 June 2008)) related to a successful challenge by the Commonwealth of Australia, c/– Minister for Defence under Sections 32 and 36 of the Patents Act in respect of a water concentration measuring device conceived by Dr John Murray Charlesworth while employed [...]
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Peter John Ward v Embrey Attachments and The Stanley Works [2008] APO 17 (12 June 2008) related to a Section 223 extension of time within which to comply with section 45(3). Although the need to file search results was abolished in October 2007, this decision is a reminder that the requirement still exists for those [...]
Click here to see the full post Both the Australian and New Zealand governments have announced that they will join with a number of other countries (including the USA, Japan, Switzerland, Canada, Korea, Mexico and the EC) to develop an Anti-Counterfeiting Trade Agreement (ACTA) as part of an international effort to curb the trade in counterfeit goods and pirated works. It is [...]
Click here to see the full post Attached as a schedule to the judgment of Heerey J in Black & Decker Inc v GMCA Pty Ltd (No 3) [2008] FCA 932 handed down yesterday was an outline of the Federal Court’s new procedure for the management of patent cases to be implemented on a trial basis. The procedure is directed to narrowing [...]
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