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A guide to intellectual property
This article provides an overview of the grounds of invalidity available for revoking a patent, including lack of novelty, inventive/innovative step, usefulness, secret use, manner of manufacture, fraud, false suggestion/misrepresentation, sufficiency, fair basis, and best method.
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Government’s response to Productivity Commission’s report on intellectual property
The Australian Government is taking steps to shape the future of intellectual property rights. Find out what changes are being proposed and how they could affect you.
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Proposed changes to the Copyright Act 1968 (Cth)
The Copyright Amendment (Disability Access and Other Measures) Bill 2017 (Bill) modernises copyright laws and provides greater access to culturally significant materials. Learn more about how this bill could affect the education, libraries and archives sectors, and how it could provide improved access to copyright material for persons with a disability.
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Groundless copyright infringement threats
This article explores the legal implications of copyright threats, offering guidance on how to protect your intellectual property, and what to do when facing an infringement. Discover valuable insight into the Copyright Act 1968 (Cth) and how to obtain relief.
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Contracting with Minors – is it even possible?
In the innovation economy it is becoming more prevalent for individuals aged less than eighteen (18) years (Minors) to seek to build enterprises. From time to time we are asked to consider whether a client can contract with a Minor. The law in Australia[1] and Queensland[2] states that a Minor is someone who has yet…
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Online copyright infringement and stolen websites in Australia
This article examines copyright infringement, using the case of Motorcycle Aftermarket Spares Pty Ltd v Tamworth Cycle Tune Pty Ltd [2014] FCA 1433 as a warning to those who reproduce copyrighted material without permission. The Courts take a serious view of such actions.
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Reverse engineering of software – legal boundaries?
Reverse engineering software in Australia is complex, with legal implications and cases providing authority on “infringing” verses “non-infringing” reverse engineering. Courts have provided some protection to intellectual property (IP) through licence agreements and distinguishing between ideas and expressions of a program.
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Dallas Buyers Club wins preliminary discovery order
The Federal Court of Australia has granted a controversial application that could allow copyright holders to identify and pursue alleged infringers of their work. Find out what conditions were imposed on the copyright holders and what this could mean for the future of online copyright infringement.
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Selling counterfeit poles breaches IP rights
Australian sellers Vertical Leisure Ltd and Dance4Me Pty Ltd have won AU$394,800 in damages from competitor Skyrunner Pty Ltd, who sold counterfeit “X-Pole” dancing poles. The Federal Circuit Court’s decision provides guidance for calculating damages for multiple IP rights breaches.
Copyright infringement
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