Category: Australia

Subscribe to Australia RSS Feed

ISP Obligations and Copyright Reform – Injunctions under 115A Copyright Act 1968

Of the many hurdles in enforcing copyright online, one of the preliminary issues (and often one of the most complicated) is the problem of jurisdiction. With infringements potentially taking place all over the world, a rights holder may be faced with the dilemma of working out where infringements are occurring, and figuring out how to … Continue Reading

IP licensing and structuring considerations for Australian registered trade mark owners

The recent Federal Court of Australia decision in Skyy Spririts LLC v Lodestar Anstalt [2015] FCA 509 serves as a reminder that Australian registered trade marks are vulnerable to removal on the basis of non-use if licensing and structuring arrangements are not adequate. Under the Australian Trade Marks Act 1995 (Cth) a trade mark may, … Continue Reading

Australian Full Federal Court rules on rights of an exclusive licensee

A recent decision of the Full Federal Court of Australia (Bristol Myers Squibb Company v Apotex Pty Ltd [2015] FCAFC 2) has resolved uncertainty about the requirements for an exclusive licence of a patented invention. Legislation The Patents Act 1990 (Cth) provides that an exclusive licensee holds a licence from the patentee to exploit the … Continue Reading

Management of IP in Commercial Contracts in Australia

All businesses have valuable intellectual property, not just “tech” focused businesses such as software developers or pharmaceutical companies.  However advisers may need to translate for their clients what they mean in practical terms when they use the words “intellectual property”, in order for clients to appreciate its value and take steps to protect it.  For … Continue Reading

AUSTRALIAN INTELLECTUAL PROPERTY LAW UPDATE

There have been numerous recent developments in intellectual property (IP) law in Australia. Below is a summary of some key developments. As with any international jurisdiction, IP law in Australia is complex and requires the expertise of an experienced specialist to navigate it correctly. INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 2015 Following on from the Intellectual … Continue Reading
LexBlog