Yearly Archive for: ‘2009’

Merry Christmas!

On behalf of everyone in the IP Whiteboard team, I’d like to wish you and your families a happy and relaxing festive season.  We look forward to communicating with everyone again in the New Year.

The offices of Mallesons Stephen Jaques will be closed over the holiday season (on the dates below) but essential client services will be provided, as required, during this time. If you expect to need our service over that period, please let us know.

Australia: We will close at lunchtime Thur 24 December and reopen on Mon 11 January. For urgent queries: T +61 2 9296 2000.

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High Court refuses special leave in innovation patent case

In an update to our earlier post, the High Court has refused an application by Dura-Post for special leave to appeal from a decision of the Full Federal Court.

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Kellogg’s to protect against “Corn Fakes”

Have you heard that Kellogg’s plans to brand its famous signature onto individual Corn Flakes?

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Science helps Advertising Standards Board evaluate Red Bull claims

Rightly or wrongly, complaint resolution mechanisms in self-regulated industries have – from time to time – been unfavourably compared to judicial systems.  The theory is that a self-regulated process is more likely to be ‘captured’ by industry participants, and not lead to decisions made without fear or favour.  So, it is interesting to see the Advertising Standards Board (ASB) adopting techniques at the forefront of judicial practice.

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eBay fined €1.7m for selling LVMH perfumes

A Parisian court has fined eBay  €1.7m after users of its French web site continued to buy and sell Louis Vuitton Moet Hennessy (“LVMH”) perfumes in breach of a 2008 injunction.  The injunction was granted after the luxury goods conglomerate, which includes brands such as Louis Vuitton and Christian Dior, successfully sued eBay for €40m in June 2008 for selling fake goods using the company’s brand. 

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Updated: Full Court dismisses Mars’ appeal against Sweet Rewards

The Full Federal Court this morning dismissed an appeal by Mars in proceedings relating to the packaging of a chocolate coated malt ball product known as “Malt Balls”.  Justices Bennett, Emmett and Edmonds all agreed with the trial judge that the packaging of Australian confectionary importer Sweet Rewards’ “Malt Balls” product would not mislead consumers Read More

Copyright in celebrity s-x-tapes? McSteamy sues for unauthorised publication of home video

Grey’s Anatomy star Eric Dane (known as “Dr McSteamy”) and wife Rebecca Gayheart have filed a federal copyright suit against Gawker Media in California for the unauthorised publication of a private “s-x-tape”.  The couple have claimed $US1 million in damages and seeking an injunction preventing further acts of copyright infringement.

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Patent reforms II: IP Australia reports back on consultation

Earlier this year, IP Australia released a number of consultation papers aimed at improving efficiency in the IP system and strengthening various validity requirements for IP, particularly in the patents context.  These papers are available at IP Australia’s website.

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Protection of intellectual property rights key to good clinical trials

Australian Life Scientist has recently published a feature article on the “Top 10 clinical trial mistakes”.  The article, which addresses some of the common mistakes made when drafting clinical trial agreements, is a reminder of the need for such agreements not only to deal with the existing intellectual property rights of all participants but also with the generation of intellectual property by part

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