Monthly Archive for: ‘August, 2009’

Seahorse trade mark under water: Federal Court rejects Guylian appeal

The challenge to register shape trade marks in Australia is not made easier by the “Guylian” case.  Nearly 20 years of use, Guylian’s support of a marine protection project called “Project Seahorse” and survey evidence showing that 40.6% of respondents identified the seahorse shape with Guylian, was insufficient to confer trade mark protection.  See the case here.  The Guylian seahorse will be familiar to many. 

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Medrad v Alpine: Interlocutory injunction granted

On 25 August 2009 Justice Kenny handed down her decision in Medrad Inc v Alpine Medical Pty Ltd [2009] FCA 949.  Her Honour granted an injunction to the applicant (represented by Mallesons) restraining the respondents from selling certain disposable syringes in Australia.  In doing so, Justice Kenny refuted that it was the practice of the court to refuse an interlocutory injunction where the validity of a patent is being challenged.

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Advisory Council on Intellectual Property releases Interim Report on Post-Grant Patent Enforcement Strategies

The Advisory Council on Intellectual Property has released an Interim Report on Post-Grant Enforcement Strategies proposing a number of reforms, including the establishment of an IP dispute resolution centre to provide opinions in relation to validity and infringement issues, and public access to information in relation to patent related Court proceedings.  The Advisory Council is seeking submissions on the proposals outlined in the Report from interested parties with a view to submitting the final report to the Government in late 2009.  Written submissions should be mad

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Ever used an image from Google images?

Have you ever found an image on Google Images, and copied it into an email, document or presentation, without asking the permission of the copyright owner?  If you have, you may have breached the Copyright Act 1968 (Cth) without even knowing it.

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Hey Presto! Can magicians conjure up IP protection?

Spain’s magicians are reportedly outraged by the exposure of their tricks and illusions on the “Masked Magician” television show.  Recent news reports indicate they are seeking legal advice on how best to protect their “IP”, to avoid their craft from being undermined.

This is a great example of (largely) unexplored IP territory.  Are illusions and magic tricks capable of IP protection? Here is some initial thinking:

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Cadbury and Darrell Lea settle

Darrell Lea and Cadbury have settled their long running dispute relating to the use of the colour purple by Darrell Lea and the applications by Cadbury to register trade marks for the colour purple. Both parties are pleased to have negotiated a mutually acceptable solution. Mallesons acted for Cadbury in the Trade Practices litigation.

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Mallesons patent and pharmaceutical law specialist speaks at 2nd Annual Pharmaceutical Law Conference

Kim O’Connell, patent and pharmaceutical law specialist at Mallesons, spoke yesterday at IIR’s 2nd Annual Pharmaceutical Law Conference in Sydney. 

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Careful consideration required when scoping assignments of future IP

Commercialisation of patents, particularly in the biotech sector, can be fraught with difficulties.  So much is apparent from a recent NSW Supreme Court decision: Fermiscan v James.  Fermiscan is listed on the ASX, and aims to commercialise a diagnostic test for breast cancer based on research originally conducted by Dr Veronica James.

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Use it or lose it? The first High Court case on the new Trade Marks Act

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