Category: Technology

1
ASA and CAP Publish Annual Report 2014
2
Yahoo! Vs. Reti Televisive Italiane S.p.a: A Turning Point in ISP’s Liability in Italy?
3
Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence
4
Now Trending: #jesuischarlie Trade Marks
5
IP Rights in Big Data
6
Big Data Speaks Loudly and Carries a Big Stick
7
Flying Doughnuts – Future Reality?
8
Apple Denied App Store Trade Mark in Australia
9
High Court of Australia Decides Landmark Trade Mark Case
10
Business Method Patents in Australia: Mere Computer Implementation Not Enough

ASA and CAP Publish Annual Report 2014

‘Make Every UK Ad a Responsible Ad’

On 27 May, the Advertising Standards Agency (ASA) and the Committee for Advertising Practice (CAP) published their Annual Report for 2014. The Annual Report emphasises the ASA and CAP’s continuing work to implement the strategy unveiled during 2014. This strategy aims to ‘make every UK ad a responsible ad’ through the following five strands:

  • Understanding
  • Support
  • Impact
  • Proactive
  • Awareness

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Yahoo! Vs. Reti Televisive Italiane S.p.a: A Turning Point in ISP’s Liability in Italy?

On January 7, 2015 the Court of Appeal of Milan (Court of Appeal) rendered a relevant judgment on a dispute involving Yahoo! Italia S.r.l and Yahoo! Inc. vs. Reti Televisive Italiane S.p.A. (RTI), one of Italy’s major broadcasters. RTI sued Yahoo! Italia S.r.l. and Yahoo! Inc. (Yahoo!) because of the reproduction of RTI’s copyrighted videos on the Yahoo! Video-sharing platform (Yahoo! Video Italia). RTI requested the removal of such videos and the implementation by Yahoo! of a filtering and blocking system in order to detect and prevent any infringement of copyright. The Court of Appeal concluded that the hosting provider is only exclusively responsible if it takes active part in the uploading activity or is aware of the unlawful content or use of the material and does not erase them.

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Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness, checking the pulse of key constituents and so much more. This incredible opportunity is not risk-free, however, and is the subject of new laws, application of old laws to new situations, and a significant amount of murkiness. Fortunately, the risks can be managed by considering the issues created by social media and that begins with asking the right questions. Please click here to view a discussion of ten important questions every business can start with to better benefit from its social media presence.

Now Trending: #jesuischarlie Trade Marks

Can you Register a Rallying cry or Trending Slogan as a Trade Mark in Australia?

Following the Charlie Hebdo massacre, supporters of free speech and freedom of expression rallied behind the phrase JE SUIS CHARLIE. Within two days, “#jesuischarlie” had been tweeted over five million times.  Less than a week after the shooting, trade mark applications for both “Charlie Hebdo” and “jesuischarlie” were filed in Australia. This follows as many as 50 applications for the phrase in France and similar applications in the United States, European Union and Belgium. Read More

IP Rights in Big Data

In our last Big Data blog posting, we cautioned that the protection of the intellectual property rights (IP) in Big Data may warrant its own focus.  While there are legitimate concerns about finding IP  in data, because data may be an inert lump of code, bits, or pieces of information, it is worthwhile to think about the different kinds of IP that arise in conjunction with and in the context of Big Data.  This blog entry focuses on the IP opportunities ‘in relation to’ Big Data.

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Big Data Speaks Loudly and Carries a Big Stick

“Speak softly and carry a big stick” connotes a policy of beginning gently but holding a decisive weapon in reserve.  Big Data doesn’t do that.  When Big Data ‘speaks,’ it tends to blurt out its conclusion and can have an immediate impact, deserved or undeserved, because Big Data is not based on careful statistical sampling and is not aimed at determining causation.  Big Data correlates masses of good, bad and indifferent data, ie, it can be ‘messy’ and its correlations are not necessarily accurate relative to a desired question.  So what will happen when ‘the data’ indicates an outcome that people believe or act on because the ‘data says so?’  That is the topic of this blog. Read More

Flying Doughnuts – Future Reality?

Airbus filed a suite of patent applications recently, one of which includes a futuristic looking new concept for a passenger aircraft.

Dubbed the ‘flying doughnut’, and looking like a craft one would expect to see only in a science fiction movie, the aircraft features a circular cabin accessed via a cavity in the middle, contained in the middle of a giant triangular wing.

The aircraft design allows for a wider passenger cabin than traditional passenger aircrafts, with the circular cabin making the most of the greater width. An important advantage of this new aircraft is that the circular cabin is better able to withstand pressurisation loads without compromising cabin space.

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Apple Denied App Store Trade Mark in Australia

It has been a bumper week for IP decisions in Australia. Earlier, we reported on the Coke v Pepsi and Cantarella decisions. Now, in a third major judgment, the Federal Court of Australia (Federal Court) has refused registration of Apple’s trade mark application for APP STORE in Australia.

Apple Inc. v Registrar of Trade Marks [2014] FCA 1304 was an appeal from a decision by the Registrar of Trade Marks (Registrar). The Registrar found that the trade mark APP STORE was ‘purely’, ‘directly’ or ‘inherently’ descriptive, as it would be well understood by modern digital-savvy consumers to refer to a ‘store’ that sells or provides ‘apps’. Read More

High Court of Australia Decides Landmark Trade Mark Case

Decision in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd Clarifies Test for Distinctiveness of Trade Marks in Australia

This week, the High Court of Australia (High Court) handed down only its third decision considering trade mark issues since the enactment of the Trade Marks Act 1995 (Cth). This decision could make it easier to register foreign language words as trade marks.

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Business Method Patents in Australia: Mere Computer Implementation Not Enough

Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150

On 10 November 2014, the Australian Full Federal Court (Court) held that a method of creating an index of securities using a standard computer was a ‘scheme’, and, hence, not a patentable invention.

The Court applied the Australian High Court test from National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252 that a patentable invention must produce an “artificially created state of affairs”. The Court said that this test is not satisfied by mechanistic application of artificiality or physical effect, but by understanding the claimed invention as a matter of substance not form. Read More

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