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Software litigation – how much evidence is sufficient?
The Court was asked to decide if the applicant had enough info to begin proceedings for copyright infringement and breach of confidence in Qudos Mutual Ltd v Infosys Ltd [2019] FCA 702. Qudos was not satisfied with what they had, so the Court ordered the production of further documents and source code.
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Has my software been copied? – legal test explained
This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…
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Not so swole – Trade marks removed for non-use
The Federal Court examined the evidence needed to prove intention to use a trade mark in good faith. Find out what happened when an application for an extension of time to file a notice of appeal was refused.
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Confusing marks – Sensis v Senses
Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd [2019] FCA 719: Court ruled SENSES marks deceptively similar to SENSIS marks, highlighting importance of engaging intellectual property lawyers when building a brand. Marks can be infringing if spelling is only slightly different, if it resembles another and likely to deceive and cause confusion.
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Security for legal costs in patent invalidity cross-claims
This article examines the application of section 232 of the Corporations Act 2001 (Cth) in 50/50 or equal ownership disputes. The WA Supreme Court has found that oppressive conduct can still be asserted in equal ownership situations.
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Use of competitor’s confidential information
Many businesses try to increase market share by employing a competitor’s member of staff who may bring with them relationships and information acquired over the years. Employees owe fiduciary duties to their employers meaning, among other things, that an employee cannot make a personal gain by using confidential information acquired in the course of their…
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Patent infringement lawyer
This article explores the complexities of patent infringement in Australia. Learn more about the patent layout, essential integers, and remedies available to protect your intellectual property.
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Changes to copyright protection durations
The Australian Government passed a major amendment to the Copyright Act 1968 (Cth) which will have a significant impact on copyright materials. Find out what the changes are and how they may affect you by reading this article.
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Patent revocation due to lack of novelty
One of the often cited requirements for a patent to be granted, is that the invention as claimed must be ‘novel’ in light of the information of the day (referred to as the prior art and the common general knowledge) (section 18(1)(b)(i) of the Patents Act 1990 (Cth) (Patents Act)). Put simply, if its been…
IP litigation and disputes
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