Archive: 2021

1
The Dust Settles Further In Relation to Patents for Computer Implemented Inventions in Australia
2
EUIPO 2 : AC Milan 0 – AC Milan Fails to Register Its New Club Crest in the EU
3
Ferrari Obtains New Guidance From the CJEU on Protection of Parts Under the Unregistered Community Design Regime
4
Australian Appeal Case Revisits Patentability of Computer Implemented Inventions
5
Changes to the Singapore Copyright Act Come Into Force
6
Federal Circuit Further Clarifies Venue in Hatch-Waxman Cases
7
The Dangers of Informal Licensing Agreements – An Update on the Hardingham v RP Data Case
8
Should Copyright Exceptions Apply to AI Mined Data? And Other Questions Raised Under the UKIPO Consultation on Artificial Intelligence and Copyright and Patents
9
Cosmetic Blunder – All UK Instagram Content Must Make Clear On the Face of it that It’s an Ad, Including Reels and Stories
10
Designs Law Changes Now Enacted in Australia

The Dust Settles Further In Relation to Patents for Computer Implemented Inventions in Australia

Last month we wrote about the Full Federal Court’s decision in Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202 (Aristocrat), which concerned the patentability of computer implemented inventions (CIIs).

This month, the Full Court determined another appeal regarding CIIs: Repipe v Commissioner of Patents [2021] FCAFC 223. The decision concerned two patent applications by Repipe Pty Ltd that disclosed systems and methods for providing information to field workers by way of a central computer server connected to a GPS-enabled mobile device (i.e. a smartphone). The applications were treated as the same for all relevant purposes at trial and during the appeal.

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EUIPO 2 : AC Milan 0 – AC Milan Fails to Register Its New Club Crest in the EU

AC Milan is one of Europe’s most decorated football clubs with seven European Cup/Champions League titles and 18 Serie A (Italian league) titles. However the Rossoneri, as the club is affectionately known, recently came up against an unfamiliar opponent in an unfamiliar field of play, being in the General Court of the European Union (the General Court), following their attempts to register their club crest as a trade mark.

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Ferrari Obtains New Guidance From the CJEU on Protection of Parts Under the Unregistered Community Design Regime

The European Court of Justice (CJEU) has handed down its decision in the case Ferrari v. Mansory Design on the scope of protection of Unregistered Community Designs (case C 123/20). This case is particularly relevant as it shines a new light on the scope of protection of part of a product under the Unregistered Community Designs (UCD) regime.

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Australian Appeal Case Revisits Patentability of Computer Implemented Inventions

The vexed issue of ‘patent eligibility’ for computer implemented inventions has raised its head again in Australia, this time in the Full Court of the Australian Federal Court decision of Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202. The decision expands upon principles for assessing the eligibility of computer-implemented technology, but the line between assessing eligibility and other aspects of patentability remains blurred.

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Changes to the Singapore Copyright Act Come Into Force

On 21 November 2021, the amended Singapore Copyright Act came into force (Amended Act). Major updates were made to the existing Copyright Act in order to enhance protection of copyright in view of the various technological developments. We set out some of the key changes to take note of.

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Federal Circuit Further Clarifies Venue in Hatch-Waxman Cases

Last year, in Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., the Federal Circuit confirmed that 28 U.S.C. § 1400(b) is the sole venue provision for domestic defendants in Hatch-Waxman actions.1 On Friday 5 November 2021, the Federal Circuit provided even greater clarity on venue rules in such cases, concluding that, for venue purposes, only submission of the ANDA qualifies as an act of infringement, not any action related to the submission.2

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The Dangers of Informal Licensing Agreements – An Update on the Hardingham v RP Data Case

In February 2020, we wrote about the Federal Court’s decision in Hardingham v RP Data Pty Ltd, in which Justice Thawley held that RP Data (the operator of a real estate commercial information database) did not infringe copyright owned by Real Estate Marketing (REMA) and its sole director, Mr Hardingham, in images and floorplans created for real estate listings. Justice Thawley found that REMA/Mr Hardingham had effectively authorised the use of their copyright materials by RP Data, via a chain of implied licences and sub-licences from REMA/Mr Hardingham to real estate agencies, to the operator of realestate.com.au and ultimately to RP Data. This was despite the fact that there was no clear or written agreement between REMA/Mr Hardingham and the real estate agencies to whom the copyright images and floorplans were supplied.

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Should Copyright Exceptions Apply to AI Mined Data? And Other Questions Raised Under the UKIPO Consultation on Artificial Intelligence and Copyright and Patents

On Friday 29 October, the UK’s Intellectual Property Office (the “UKIPO”) launched a consultation entitled “Artificial Intelligence and IP: copyright and patents” (see here), which closes 11:45pm on 7 January 2022 (London time). The consultation forms part of the UK government’s ‘National Artificial Intelligence (AI) Strategy’ (the “Strategy”), which followed the government’s 2017 Industrial Strategy publication.

The aim of the consultation is to determine the right incentives for Artificial Intelligence (“AI”) development and innovation, while continuing to promote human creativity and innovation.

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Cosmetic Blunder – All UK Instagram Content Must Make Clear On the Face of it that It’s an Ad, Including Reels and Stories

The UK Advertising Standards Agency (ASA) has found that an influencer’s Instagram reel and story breached the advertising regulations. All advertising made by influencers must make it clear that it is an advert, otherwise brands, even if they have no control, will be held jointly responsible.

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Designs Law Changes Now Enacted in Australia

Following on from our article of 15 February 2021, which can be read here, the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 received Royal Assent on 10 September 2021.

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