IP Law Watch

Legal issues, law and regulations concerning the world of IP.

 

1
‘Like-Gating’? Facebook Says Dislike
2
Introducing Our ‘Fashion Law’ Newsletter
3
Further Amendments to Australian Patent Law Coming Soon
4
More Transparency on the Use of App Users’ Personal Data!
5
The Debate Continues: What is a ‘Transformative Use’ for ‘Fair Use’ Purposes
6
Have the Bubblies Popped for Champagne Jayne?
7
Patents for Humanity: It’s Not Just an Invention
8
Special Leave Sought to Appeal Gene Sequencing Decision to the High Court of Australia
9
Limping Trade Marks and Distinctiveness in Australia
10
MIKSEŁKO VS. MILKSEŁKO ŁACIATE

‘Like-Gating’? Facebook Says Dislike

Facebook Changes to its ‘Platform Policy’ can Affect Your Page

Facebook has announced a change to its Policy Platform that may affect the majority of users.

The policy change advises that Facebook will no longer allow advertisers to incentivise people to use social plugins or to like a Facebook Page (Page). This includes offering rewards, or gating apps or app content based on whether or not a person has liked a Page. It is still acceptable to incentivise people to login to your app, check-in at a place, or enter a promotion on your app’s Page.  Read More

Introducing Our ‘Fashion Law’ Newsletter

“You can never be overdressed or overeducated.” Oscar Wilde

We are excited to announce the launch of Fashion Law, our bi-annual fashion newsletter. This newsletter, which comprises short articles, will discuss legal issues that impact the Australian fashion industry.

From top tips for Australian designers and fashion businesses to changes in laws overseas, Fashion Law will provide you with information on issues that directly affect your business.

Please click here to read the first edition of Fashion Law.

Further Amendments to Australian Patent Law Coming Soon

Earlier this year, the Intellectual Property Laws Amendment Bill 2014 (2014 Bill) was introduced into Parliament by the Coalition Government. The Bill represents a revised version of the Intellectual Property Laws Amendment Bill 2013 (2013 Bill) introduced by the previous Labor Government. The 2013 Bill lapsed when the Federal Election was called in August 2013.

 The most significant aspects of the 2014 Bill are as follows: 

  • Introduction of a single patent attorney regulatory regime and a single patent application and examination process for Australia and New Zealand.
  • Enabling Australian pharmaceutical manufacturers to apply to the Federal Court for a compulsory licence to manufacture generic versions of patented drugs to supply to developing countries. Read More

More Transparency on the Use of App Users’ Personal Data!

Italian Data Protection Authority Focuses on Medical and Wellness Apps Sector

On September 10, 2014, Italian Data Protection Authority (Authority) released the findings of a survey conducted on the medical/wellness apps sector within the initiative ‘Privacy Sweep 2014’, promoted by the Global Privacy Enforcement Network, which enhances the cooperation amongst international data protection authorities.

As a result of such survey, just 15% of the medical apps surveyed – out of a total of 1,200 – provide clear privacy policies and the Authority is now considering issuing specific measures or sanctions for non-compliant subjects. Read More

The Debate Continues: What is a ‘Transformative Use’ for ‘Fair Use’ Purposes

In a recent decision by the U.S. Circuit Court of Appeals for the Seventh Circuit (Seventh Circuit), Judge Frank Easterbrook expressly joined the ongoing debate over the scope of ‘transformative use’ analysis in the ‘fair use’ defense to copyright infringement. In Kienitz v. Sconnie Nation LLC, the court reviewed the trial court’s determination that the using of a photograph of the mayor of Madison, Wisconsin, on a critical T-shirt was ‘fair use’ and did not create liability under the Copyright Act. In finding ‘fair use’, the trial court found support in the recent opinion in Cariou v. Prince, in which the U.S. Circuit Court of Appeals for the Second Circuit held that the use of a photographic image in a work of ‘appropriation art’ was ‘transformative’ and thus a ‘fair use’.

Read More

Have the Bubblies Popped for Champagne Jayne?

Rachel ‘Champagne Jayne’ Powell’s passion for Champagne has helped her to become an award-winning wine expert, broadcaster, journalist and presenter. However, Ms. Powell’s ‘Champagne Jayne’ brand has put her at loggerheads with the trade organisation established to manage the common interests of the growers and the Champagne Houses behind the drink she loves so much. Read More

Patents for Humanity: It’s Not Just an Invention

The deadline for submission of applications for the U.S. Patent & Trademark Office (USPTO) competition, PATENTS FOR HUMANITY, has been extended to October 31, 2014. The purpose of the program is to incentivize patent owners, applicants and licensees to use their technologies to address humanitarian issues in any of the following categories:

  • medicine
  • nutrition
  • sanitation
  • household energy
  • living standards. Read More

Special Leave Sought to Appeal Gene Sequencing Decision to the High Court of Australia

We recently reported on the decision by a five judge bench of the Full Court of the Federal Court of Australia (Full Court) which found that Myriad Genetics Inc’s patent covering the isolated BRCA1 gene is valid. The Full Court unanimously rejected an appeal by Ms. Yvonne D’Arcy from a decision by Justice Nicholas at first instance. Read our alert here.

It is now being reported that Ms. D’Arcy has sought special leave to appeal the decision to the High Court of Australia (High Court).

Read More

Limping Trade Marks and Distinctiveness in Australia

Oyster Bay’s Wine Bottle Trade Mark Application Rejected

In 2012, New Zealand winery Oyster Bay filed a trade mark application as follows:

Read More

MIKSEŁKO VS. MILKSEŁKO ŁACIATE

Ruling of the Supreme Administrative Court of 10 April 2014 (II GSK 255/13)

This case involved a clash between marks serving to identify fats comprising a mixture of butter and vegetable fats. In 1996, the word mark MIKSEŁKO was registered. This is a fantasy composition suggesting that the goods it identifies are a mixture of fats with the addition of butter. In 2008, a competitor of the owner of the first sign successfully registered the mark MILKSEŁKO ŁACIATE. That mark is a word-graphic mark consisting of two elements. The second is very well known as an independent mark used to identify milk and a line of goods produced from cow’s milk. The first element, by using the English word ‘milk’, emphasizes that the products are derived from milk, while the first element as a whole suggests that butter is contained in products bearing the mark. Read More

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