Archive for February, 2009

Wednesday, February 25th, 2009

Interview of IP Australia’s Director-General

Managing IP magazine’s Asia editor Peter Ollier will conduct a live online interview with IP Australia Director General Philip Noonan on Friday 6 March at 4pm Sydney time. Registration for this event is free.

The one-hour interview will cover topics such as the recommendations in Terry Cutler’s venturousaustralia report, innovative step and inventive step in Australia’s patent law, the Anti Counterfeiting Trade Agreement and the impact of the credit crunch on patent and trade mark applications in Australia.

Thursday, February 19th, 2009

In Good Faith?

In Edwards v Liquid Engineering 2003 Pty Ltd [2008] FCA 970, Liquid Engineering 2003 (“LE2003”) successfully brought trade mark infringement proceedings and was also successful in bringing a claim under section 88 of the Trade Marks Act, to have the register rectified to reflect the fact that it was the true owner of two trade marks which had been registered by its former employee, Edwards. However, as LE2003 had originally brought the claim for rectification under section 92, the trial judge made an order that it pay Edwards’ costs of those original proceedings.

Edwards appealed against the decision at first instance in relation to the calculation of the account of profits for the infringement held to have occurred, while LE2003 cross appealed against both the calculation of the account of profits and the adverse costs order made. In Liquideng Farm Supplies Pty Ltd v Liquid Engineering 2003 Pty Ltd [2009] FCAFC 7, the Full Court allowed LE2003’s appeal in relation to the account of profits, increasing the award from $106,000 to $330,000, however rejected the appeal in relation to costs.The original claim brought by LE2003 under section 92 alleged that Edwards could not have used or intended to use the two trade marks in good faith, because he had appropriated those marks from his employer. The Full Court upheld the decision of the trial judge that the expression “use in good faith” for the purposes of section 92 requires no more that a genuine intent to use the mark for commercial purposes, rather than a token use. Accordingly, the circumstances surrounding Edwards use of the trade marks was not relevant to claim under section 92.

Friday, February 13th, 2009

NZ hearings decisions now available online

Decisions of the Commissioner (Hearings Decisions) are now available online and can be accessed via the IPONZ website. Search facilities include:

  • The ability to search for key words across multiple decisions
  • Ability to download the decisions in document (RTF) format
  • Improved indexing of decisions by year and descriptions of opposition and parties
  • Links where applicable to relevant Acts, other hearings and court decisions

Friday, February 13th, 2009

Change to PCT applications entering NZ national phase

The Intellectual Property Office of New Zealand (IPONZ) has changed the way that patent details for all Patent Cooperation Treaty (PCT) applications entering New Zealand national phase are captured.

From December 2008, patent details for all national phase applications will be copied from the World Intellectual Property Organisation (WIPO) database. The change in process means a reduction in the time taken to capture information and greater consistency in the way that IPONZ and WIPO format information. The changes apply to the following patent details:

  • Patent title
  • Applicant names and addresses (where the details match the application form)
  • Inventor names
  • Classification
  • Dates
  • PCT International Application Number
  • WIPO Publication Number

Wednesday, February 11th, 2009

Ambush Marketing Legislation Review

The final report of the review into the effectiveness and impacts of legislation that protected the Olympic movement and the Melbourne 2006 Commonwealth Games from ambush marketing has been released.

Tuesday, February 10th, 2009

NZ ISPs release draft Copyright Code for comment

In response to legislative changes requiring ISPs to have a termination policy for repeat copyright infringers, the NZ Telecommunications Carriers’ Forum has released a draft ISP Copyright Code of Practice for public consultation.

Submissions on the draft code close at 5pm on Friday, 6 March 2009.