Intellectual property law

Proposed amendments to use of orphan works

On 13 August 2020, Paul Fletcher MP, Minister for Communications, Cyber Safety and the Arts, announced amendments to the Copyright Act 1968 (Cth) (Act).  The amendments follow two (2) years of stakeholder consultation, and finalise the Government’s response to the Productivity Commission’s 2016 Intellectual Property Arrangements Report.  The reforms focus on the use of “orphan works”, with an aim to provide a framework for copyright that is fit for the digital age. [Read more…]

Indirect patent infringement – lessons from Quaker Chemical

In the recent decision of Quaker Chemical (Australasia) Pty ltd v Fuchs Lubricants (Australasia) Pty Ltd (No 2) [2020] FCA 306 (Quaker Chemical) the Federal Court of Australia decided that a company had indirectly infringed two (2) patents by supplying its customers with a product, because its use by customers would have infringed the methods of the patents. [Read more…]

Aristocrat hits the jackpot in Federal Court ruling

In the recent decision in Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778 (Aristocrat Case), the Federal Court had to consider whether a claim in four (4) innovation patents directed to an electronic gaming machine (EGM), having a combination of physical parts and computer software for gameplay, was a manner of manufacture.  The Federal Court ultimately found that the delegate of the Commissioner of Patents (Delegate) had erred in deciding that the claims were not a manner of manufacture. [Read more…]

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