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What exactly is a Norwich Pharmacal order?
In situations where an innocent third party has information about conduct which may assist a litigant, an applicant apply to the Court to have that third party disclose such information. For example, a bank which has knowledge of a transaction or conduct that would assist a litigant it may be obliged to hand over the…
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Interlocutory injunctions and damages undertakings
An interlocutory injunction may be sought by a patent owner to stop a defendant from infringing their patent. This article examines the two elements that must be established by an Applicant and the considerations the Court will take into account when making its decision.
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Calculating account of profits – trade mark infringement
This article examines the calculation of damages when an account of profits is awarded as a remedy for trade mark infringement. It covers the general principle, the proportionality rule, and the deduction of overhead costs.
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Non-fungible tokens – a new way to hold IP?
Discover the rising phenomenon of Non-Fungible Tokens (NFTs) and how they can help protect your Intellectual Property (IP). Learn how NFTs works, its benefits for rights holders, and potential legal issues. Get the full picture here.
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Unjustified trade mark infringement threats
Comprehensive list of Australian Court decisions and related legislation covering corporate, technology, intellectual property, commercial, employment, negligence, confidentiality, copyright, moral rights, user generated content, click wrap/browse wrap, trademarks, torts and social media law.
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What exactly are moral rights?
This article provides an overview of moral rights in Australia, including the three moral rights available to authors and performers, the works protected by them, their retrospective application, when they may be infringed, and the case of Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136 (Meskenas). Helping readers understand the implications of moral rights…
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How much copying leads to copyright infringement?
This article outlines the definition of Literary Works, the subsistence of copyright in such works, and the test for infringement of copyright under the Copyright Act 1968 (Cth). It also provides an overview of the four major characteristics to consider when determining if copying is substantial.
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What is the proposed “patent box” tax incentive?
The Federal Government has announced a ‘patent box’ tax regime to boost Australian biotech and medtech innovators with a $206 million corporate tax cut. Learn more about the scope, qualifications and prerequisites for patenting an invention.
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Accessory liability and copyright infringement
Manufacturers and service providers can be held liable for copyright infringement, but when? This article examines the legal implications of the Sea Shepherd (UK) v Fish & Fish Ltd [2015] UKSC 10 case and accessory liability.
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