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	<title>Comments for IP Now - Australia &amp; New Zealand Intellectual Property Law</title>
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	<link>http://www.australianpatentlaw.com</link>
	<description>Intellectual Property News from Australia and New Zealand, covering copyright, designs, patents and trademarks</description>
	<pubDate>Thu, 11 Mar 2010 02:57:27 +0000</pubDate>
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		<title>Comment on IP Australia announces new state-based lodgement arrangements by Adam Trumble</title>
		<link>http://www.australianpatentlaw.com/2009/07/ip-australia-announces-new-state-based-lodgement-arrangements/#comment-3335</link>
		<dc:creator>Adam Trumble</dc:creator>
		<pubDate>Wed, 15 Jul 2009 06:53:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.australianpatentlaw.com/?p=600#comment-3335</guid>
		<description>The selected Post Offices will be “deemed” as Sub-Offices for the purposes of fee payment and document lodgement under the Patents, Trade Marks and Designs Acts.  As a consequence, and in accordance with the various Regulations, the Post Offices will only be available to receive fees and documents Monday to Friday 9:00 am to 5:00 pm, except public holidays. 

Some of the Post Offices are open outside those hours, including weekends, but will not operate as Sub-Offices during the extended hours.</description>
		<content:encoded><![CDATA[<p>The selected Post Offices will be “deemed” as Sub-Offices for the purposes of fee payment and document lodgement under the Patents, Trade Marks and Designs Acts.  As a consequence, and in accordance with the various Regulations, the Post Offices will only be available to receive fees and documents Monday to Friday 9:00 am to 5:00 pm, except public holidays. </p>
<p>Some of the Post Offices are open outside those hours, including weekends, but will not operate as Sub-Offices during the extended hours.</p>
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		<title>Comment on WIPO Director-General to speak in Melbourne by Adam Trumble</title>
		<link>http://www.australianpatentlaw.com/2009/06/wipo-girecor-general-to-speak-in-melbourne/#comment-2730</link>
		<dc:creator>Adam Trumble</dc:creator>
		<pubDate>Mon, 29 Jun 2009 06:35:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.australianpatentlaw.com/?p=568#comment-2730</guid>
		<description>Dr Gurry will also speak at the &lt;a href="http://www.npc.org.au/assets/files/documents/speakers/FrancisGurry040809.pdf" rel="nofollow"&gt;National Press Club in Canberra on Tuesday 4 August&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<p>Dr Gurry will also speak at the <a href="http://www.npc.org.au/assets/files/documents/speakers/FrancisGurry040809.pdf" rel="nofollow">National Press Club in Canberra on Tuesday 4 August</a>.</p>
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		<title>Comment on Protect your trade mark on Facebook by Phillips Ormonde Fitzpatrick</title>
		<link>http://www.australianpatentlaw.com/2009/06/protect-your-trade-mark-on-facebook/#comment-2138</link>
		<dc:creator>Phillips Ormonde Fitzpatrick</dc:creator>
		<pubDate>Sun, 14 Jun 2009 23:04:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.australianpatentlaw.com/?p=551#comment-2138</guid>
		<description>Facebook has advised that they'll introduce a process for trademark owners to request the use of their blocked username/trade marks over the next few weeks.</description>
		<content:encoded><![CDATA[<p>Facebook has advised that they&#8217;ll introduce a process for trademark owners to request the use of their blocked username/trade marks over the next few weeks.</p>
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		<title>Comment on Illegal downloads soar - media report by Shaun</title>
		<link>http://www.australianpatentlaw.com/2009/05/illegal-downloads-soar-media-report/#comment-1551</link>
		<dc:creator>Shaun</dc:creator>
		<pubDate>Wed, 27 May 2009 12:17:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.australianpatentlaw.com/?p=528#comment-1551</guid>
		<description>I really don't think that the growth in illegal downloading is as a result of the downturn in the economy  - more people are being exposed to the concept of downloading IP and more people are doing it - Until the laws are stongly enforced nothing will change.</description>
		<content:encoded><![CDATA[<p>I really don&#8217;t think that the growth in illegal downloading is as a result of the downturn in the economy  - more people are being exposed to the concept of downloading IP and more people are doing it - Until the laws are stongly enforced nothing will change.</p>
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		<title>Comment on Gene patents under the microscope by Steven Borovec PhD, Partner</title>
		<link>http://www.australianpatentlaw.com/2009/05/gene-patents-under-the-microscope/#comment-641</link>
		<dc:creator>Steven Borovec PhD, Partner</dc:creator>
		<pubDate>Wed, 06 May 2009 00:11:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.australianpatentlaw.com/?p=498#comment-641</guid>
		<description>While this story attempted to inject some balance into this long running debate, the “pro-patenting” viewpoint did not come across with sufficient clarity.

Health care providers and the public seem to have little difficulty accepting that they must pay a royalty to the patentee of a pharmaceutical substance or a medical device, but many draw the line at any treatment or diagnostic test having a genetic basis.  It appears that the basis for this disparity lies in the curious thesis of “my body contains genes, and some corporate should not be able to own them”.  This story attempted to make the point that the patenting process does not interfere with an individual’s ownership of their own genes, but perhaps did not go far enough.  

Typically, gene patents protect only a “substantially isolated or purified” form of a gene.  This means that in order to infringe a gene patent, you must physically remove the gene from the body and purify it away from the millions of other biomolecules that co-exist in the body.  Like most ordinary folk, I have no plans for converting my kitchen into a laboratory for such a purpose.

Alternatively, gene patents are directed to probes capable of binding to a particular gene sequence.  In order to infringe this type of patent it is necessary to synthesize a nucleic acid probe against the subject gene.  Again, I would prefer to keep my kitchen for cooking spaghetti.

In short, the ordinary person has nothing to worry about.

It is true that gene patents can be problematic in certain circumstances.  For example, a commercial pathology laboratory seeking to identify whether a person has a breast cancer gene may need to use a patented probe. Before they use the probe they must seek a license from the patentee and generally pay a license fee.  The fee is reimbursement for the company that identified the involvement of the mutant gene in breast cancer.  Medical research is risky and expensive, and companies simply will not trouble themselves to embark on any research without the promise of financial reward.    Importantly, this situation is no different to a patient buying an antihypertensive drug, or indeed a Dyson vacuum cleaner.  The patentee is simply seeking reward for their research and development activities.  In the end, it is of course the consumer who pays for the commodity.  But hey, there’s nothing new about that. 

In summary, it is incorrect to single out gene patents for special scrutiny.  For any attack to be valid, it must be made against the patenting system a whole.</description>
		<content:encoded><![CDATA[<p>While this story attempted to inject some balance into this long running debate, the “pro-patenting” viewpoint did not come across with sufficient clarity.</p>
<p>Health care providers and the public seem to have little difficulty accepting that they must pay a royalty to the patentee of a pharmaceutical substance or a medical device, but many draw the line at any treatment or diagnostic test having a genetic basis.  It appears that the basis for this disparity lies in the curious thesis of “my body contains genes, and some corporate should not be able to own them”.  This story attempted to make the point that the patenting process does not interfere with an individual’s ownership of their own genes, but perhaps did not go far enough.  </p>
<p>Typically, gene patents protect only a “substantially isolated or purified” form of a gene.  This means that in order to infringe a gene patent, you must physically remove the gene from the body and purify it away from the millions of other biomolecules that co-exist in the body.  Like most ordinary folk, I have no plans for converting my kitchen into a laboratory for such a purpose.</p>
<p>Alternatively, gene patents are directed to probes capable of binding to a particular gene sequence.  In order to infringe this type of patent it is necessary to synthesize a nucleic acid probe against the subject gene.  Again, I would prefer to keep my kitchen for cooking spaghetti.</p>
<p>In short, the ordinary person has nothing to worry about.</p>
<p>It is true that gene patents can be problematic in certain circumstances.  For example, a commercial pathology laboratory seeking to identify whether a person has a breast cancer gene may need to use a patented probe. Before they use the probe they must seek a license from the patentee and generally pay a license fee.  The fee is reimbursement for the company that identified the involvement of the mutant gene in breast cancer.  Medical research is risky and expensive, and companies simply will not trouble themselves to embark on any research without the promise of financial reward.    Importantly, this situation is no different to a patient buying an antihypertensive drug, or indeed a Dyson vacuum cleaner.  The patentee is simply seeking reward for their research and development activities.  In the end, it is of course the consumer who pays for the commodity.  But hey, there’s nothing new about that. </p>
<p>In summary, it is incorrect to single out gene patents for special scrutiny.  For any attack to be valid, it must be made against the patenting system a whole.</p>
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		<title>Comment on Government to amend Section 92A by Matthew Holloway</title>
		<link>http://www.australianpatentlaw.com/2009/04/government-to-amend-section-92a/#comment-377</link>
		<dc:creator>Matthew Holloway</dc:creator>
		<pubDate>Thu, 23 Apr 2009 00:25:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.australianpatentlaw.com/?p=484#comment-377</guid>
		<description>A main issue with this law was that it wasn't about "repeat copyright infringers" per se, but that it was about alleged copyright infringers. Someone could be cut off without any due process based on unproven allegations.

See CreativeFreedom.org.nz and our blackout protest CreativeFreedom.org.nz/blackout.html

Also this Wall Street Journal article sums it up pretty well
http://tinyurl.com/wsjs92a "How could a democratic government consider cutting off Internet access for people who haven’t been convicted of a copyright violation? Danny O’Brien, the international outreach coordinator at the Electronic Frontier Foundation, says that New Zealand changed its copyright law to be in accordance with the Digital Millenium Copyright Act in the U.S., but then chose to interpret the language differently than the U.S."</description>
		<content:encoded><![CDATA[<p>A main issue with this law was that it wasn&#8217;t about &#8220;repeat copyright infringers&#8221; per se, but that it was about alleged copyright infringers. Someone could be cut off without any due process based on unproven allegations.</p>
<p>See CreativeFreedom.org.nz and our blackout protest CreativeFreedom.org.nz/blackout.html</p>
<p>Also this Wall Street Journal article sums it up pretty well<br />
<a href="http://tinyurl.com/wsjs92a" rel="nofollow">http://tinyurl.com/wsjs92a</a> &#8220;How could a democratic government consider cutting off Internet access for people who haven’t been convicted of a copyright violation? Danny O’Brien, the international outreach coordinator at the Electronic Frontier Foundation, says that New Zealand changed its copyright law to be in accordance with the Digital Millenium Copyright Act in the U.S., but then chose to interpret the language differently than the U.S.&#8221;</p>
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		<title>Comment on King for a day by yanyoung</title>
		<link>http://www.australianpatentlaw.com/2008/10/king-for-a-day-2/#comment-2</link>
		<dc:creator>yanyoung</dc:creator>
		<pubDate>Tue, 28 Oct 2008 22:13:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.australianpatentlaw.com/new/wordpress/?p=437#comment-2</guid>
		<description>Anakin has registered "BBQ KING" as their Trade mark, yet Gold King has not registered "BBQ King" as their Trade mark. Now that Judge Branson pointed out that Anakin was not the owner of the Trade Mark "BBQ KING" yet Gold King should be the owner.

I do not understand why the Judgement was in favour of Anakin even though they are not the owner of Trade mark.

I am also confused that why Anakin only took on Chatswood BBQ king? I found that there is also an Hurstville BBQ Kig and an Epping BBQ King in Sydney and a few others BBQ KING interstate, plus more than a million BBQ King worldwide.

Does this judgement mean in future Gold King can register BBQ KIng as their Trade mark and keep on taking other business bearing the name BBQ King to court?

I am also confused about the date Anakin registered BBQ KING as trade mark which was after the other BBQ King restaurant operating their business. Should these BBQ King operations be notified when Anakin put in their registration?</description>
		<content:encoded><![CDATA[<p>Anakin has registered &#8220;BBQ KING&#8221; as their Trade mark, yet Gold King has not registered &#8220;BBQ King&#8221; as their Trade mark. Now that Judge Branson pointed out that Anakin was not the owner of the Trade Mark &#8220;BBQ KING&#8221; yet Gold King should be the owner.</p>
<p>I do not understand why the Judgement was in favour of Anakin even though they are not the owner of Trade mark.</p>
<p>I am also confused that why Anakin only took on Chatswood BBQ king? I found that there is also an Hurstville BBQ Kig and an Epping BBQ King in Sydney and a few others BBQ KING interstate, plus more than a million BBQ King worldwide.</p>
<p>Does this judgement mean in future Gold King can register BBQ KIng as their Trade mark and keep on taking other business bearing the name BBQ King to court?</p>
<p>I am also confused about the date Anakin registered BBQ KING as trade mark which was after the other BBQ King restaurant operating their business. Should these BBQ King operations be notified when Anakin put in their registration?</p>
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