In a symbolic win for Indigenous artists, the Federal Court of Australia has recently ordered a seller of fake Indigenous-style souvenirs to pay AU$2.3 million in pecuniary penalties for contraventions of the misleading and deceptive conduct provisions of the Australian
Ghost of rulings past: why virtual designs are not yet covered by Australian IP law
Virtual or non-physical designs, which include graphical user interfaces and screen icons, are designs that impact the appearance of a product through software displayed on an electronic screen. Many of these designs have become ubiquitous in our everyday lives. Well-known
Don’t Rokt the boat: developments in the patentability of computer implemented inventions in Australia
With the continued rise of digital technologies and mining of big data, computer implemented inventions (CIIs) are being increasingly utilised in a wide range of industries. CIIs enable companies to deliver more personalised products and solutions to consumers,
Copyright vs Freedom of the Internet: Round 1 just passed the European Parliament
At the end of last month, the European Union Parliament adopted a controversial new “Directive on Copyright in the Digital Single Market” (Directive).
One of the stated aims of the Directive is to give copyright holders such as
No safe harbour: Online platforms face choppy waters when it comes to copyright infringement
The liability of internet intermediaries for copyright infringement is a hot topic of conversation at the moment, both in Australia and overseas. Sweeping reforms have just been passed by the EU Parliament, and Australian copyright legislation in this area has
Australian Trademarks Law Review – Edition 2
2018 marked the publication of the first Australian Trademarks Law Review from the Law Review series. The Law Review collates cross-border legal insights and analysis across a range of practice areas and is a useful resource for in-house counsel of
No use crying over spilt (plant-based-dairy-free-alternatives-to) milk?
Every trendy café these days seems to have a selection of dairy-free milk alternatives as long as a wine list, from the usual suspects like soy, coconut and almond, to more unusual new favourites like rice, hemp, pea, flax and
Amended Australian IP laws receive Royal Assent with little fanfare
On 24 August 2018, the creatively named Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 quietly received Royal Assent, with some parts of the new Act entering into force the following day.
As the
Mirror, mirror on the wall, what’s my taxable Insta value after all?
In sad news for celebrities and Instagram influencers across Australia, the introduction of the so-called ‘fame tax’ as part of a raft of integrity measures announced in the 2018/19 budget means that they could end up paying higher taxes on
Shocking your clients just became passé: US Court takes away the edge from scandalous brands
Thanks to two recent rulings of the US Supreme Court and the Court of Appeals of the Federal Circuit Court, trade marks containing “disparaging”, “immoral” and “scandalous” matter are no longer barred from obtaining registration in the United States of