Monthly Archive for: ‘August, 2010’
From 1 January 2011 software will be characterised as goods for the purposes of the consumer guarantee provisions of the Australian Consumer Law (ACL). Suppliers of software will likely amend their standard licence terms to mitigate the risk of unlimited liability for losses suffered by Australian “consumers” as a result of the software infringing a third party’s IP rights.
Who does this affect?
The new laws raise issues for all software licences with Australian end-customers where either:
Kozinski CJ of the US Court of Appeals for the Ninth Circuit has won IP Whiteboard’s inaugural “Judgment of the Year” for a fantastic dissertation on the ongoing wars between Mattel and MGA Entertainment over ownership of the “bratty-doll idea”.
A new free online tool, called Intellectual Property Explorer, is available to help small and medium sized businesses recognise, review and manage their intellectual property assets. The Intellectual Property Explorer has a range of useful features to assist businesses in identifying their intellectual property assets, including simple and easy to understand explanations of intellectual property concepts and a handy guide to reviewing and recognising intellectual property.
Otsuka Pharmaceutical Co (Otsuka) and Bristol Meyers Squibb (BMS) are the patentee and exclusive licensee of a patent relating to aripiprazole (an antipsychotic used to treat schizophrenia). In 2009, the patentee proposed certain amendments to the patent. This request was made following an adverse report by the Commissioner of Patents during re-examination of the patent under section 97(2) of the Act.
On Tuesday night Professor Peter Cashman gave an informative lecture at the University of Sydney on the patentability of genes.
Last Friday Mallesons pro bono team, led by IP Whiteboard’s very own Robert Cooper, won a historic challenge to electoral laws in the High Court. The High Court in a majority decision ruled that laws that required the closing of the electoral rolls on the day that writs for an election are issued are invalid. The decision will allow up to 100,000 extra Australians to be added to the roll for the upcoming federal election. More information on the d
The TGA plans to implement a daily alert system to show new registrations on the ARTG. The move is the result of complaints made to the TGA by Medicines Australia in relation to originators not receiving notice when generic versions of their pharmaceutical products become registered.
The TGA has said that the system will be up and running within the next 2 months and is intended to list all registrations achieved.
In June we commented on US singer Don Henley’s copyright claim against Californian Republican senatorial candidate Chuck DeVore. DeVore used his songs “All She Wants To Do Is Dance” and “The Boys Of Summer” as the basis for campaign commercials titled “All She Wants To Do Is Tax” and “The Hope Of November”.