The Australian Federal Court recently handed down its first-instance judgement in Thaler v Commissioner of Patents  FCA 879 where the central issue considered was whether an artificial intelligence (AI) system could be an ‘inventor’ for the purposes of the Australian Patents Act 1990 (Act) and its corresponding regulations. The Court found that an AI system can be an inventor – where ‘inventor’ may be construed broadly to include a ‘person or thing that invents’1. This decision puts Australia in the spotlight as a favourable country to patent AI-created inventions – for now. Given the subject-matter and controversy generated by this decision, an appeal to the Full Federal Court is almost certain.Read More
Since the launch of the Apple Watch in 2015, Swatch, a well-known Swiss watch manufacturer, has been involved in a number of trade mark disputes against Apple regarding their overlapping product markets.
These disputes have concerned the marks ‘I-WATCH’ and ‘I-SWATCH’, ‘TICK DIFFERENT’ and ‘THINK DIFFERENT’ and, more recently, the mark ‘ONE MORE THING’.Read More
The first substantial amendments to China’s Copyright Law in 20 years were passed in November 2020 and will come into effect on 1 June 2021 (the Amendments). The Amendments primarily focus on enhancing protections for copyright owners, better aligning China’s Copyright Law with international standards, and implementing the Beijing Treaty on Audiovisual Performances that entered into force in April 2020.
The heavy deterrence-related focus of the revised Copyright Law will strengthen protections for copyright owners, particularly relating to digital piracy.Read More
First there were CryptoKitties. Then came Digital art, CryptoPunks and NBA tokens. But when Beeple’s digital art piece sold at Christie’s for $69 million, the mania truly began. And as with any wave of media mania, also came the groundswell of negative media and hand-wringing about NFTs. Of course, NFTs are not all evil nor are they a panacea for artists and musicians. If properly issued and positioned, they can provide a win-win for both artists and collectors.Read More
An £8,000 Instagram giveaway promoted by Love Island contestant Molly-Mae Hague, breached the UK Advertising Standards Authority’s (ASA) promotion rules, a recent decision of the ASA has determined.
In September 2020, Ms Hague (who has more than 5 million followers on Instagram, and 1.5 million subscribers on YouTube), offered one of her followers the chance to win approximately £8,000 worth of luxury designer goods, including handbags, a laptop and products from her fake tan range. To enter, her followers were asked to like the Instagram post, tag a friend and follow her personal Instagram page, the Instagram page of her tanning brand and to subscribe to her YouTube channel.
The Instagram post in question was liked close to 1.2 million times and attracted almost 3 million comments.
After the giveaway, the ASA received 12 complaints from individuals who believed that not all of the entrants were included in the ‘final draw’ and so did not have an equal and fair chance of winning. The complainants challenged whether: (i) the prize was awarded in accordance with the laws of chance; and (ii) the promotion was administered fairly.Read More
COVID-19 and the many national lockdowns that have followed have caused a huge shift in advertising and marketing. Suddenly, everyone is at home and receiving nearly all content digitally; through their phones, tablets and TVs, and advertising budgets have been sliced and squeezed as companies shift scarce resources to other parts of their business.
Regulators are faced with a new challenge and responsibility to protect consumers from companies who would price gouge and profit from panic caused by COVID-19. The UK regulator, the Advertising Standards Authority (ASA), has published a fair number of decisions and guidance in relation to the coronavirus.Read More
The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Bill), with important changes to designs law, is currently before Senate for consideration. It includes a much-anticipated change to implement a grace period that will allow designers to publish their designs before applying for design protection.Read More
The High Court of Australia’s recent decision Calidad Pty Ltd v Seiko Epson Corporation  HCA 41 (Calidad) has more closely aligned Australian patent law with its U.S. and European counterparts. Key takeaways from this decision are:
- the ‘doctrine of exhaustion of rights’ has replaced the ‘implied licence doctrine’;
- a patent owner’s exclusive rights are extinguished by the first sale of the patented goods;
- innovators have greater scope to reuse products without risking patent infringement; and
- patentees seeking greater control over post-sale use should do so through contract law.