Tag: Asia Pacific

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IP Haiku: Phone Directories Company Australia Pty Ltd v Telstra Corporation Limited (No 2) [2014] FCA 418
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Ensure That Stock Photos are Licensed
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Act Promptly and Diligently When Preparing Evidence in Patent Oppositions or Else…
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Sports Data’s Injuction Refused
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It’s Not Easy Being Green
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Dick Smith Loses OZEMITE Trade Mark – Appeal Pending!
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Virgin Australia Melbourne Fashion Festival Proudly Sponsored by K&L Gates
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Australia Joins the Global Patent Prosecution Highway

IP Haiku: Phone Directories Company Australia Pty Ltd v Telstra Corporation Limited (No 2) [2014] FCA 418

Your IP Law Report in 17 Syllables

Judgments are just getting longer and more complicated, I can’t keep up with all of them!”

A familiar refrain uttered by many a lawyer and law student alike, especially in the modern, digital age (although we expect the Courts might refer to the increasing volume of electronic evidence filed by parties in proceedings as a contributing factor!)

So, in that context, could the essence of a judgment be distilled into haiku (short form Japanese poetry consisting of three phrases of five, seven and five syllables)?  Well, we are sure going to try! Read More

Ensure That Stock Photos are Licensed

Although acknowledging the ease of copying photographs on the internet, an Australian Court has warned through the publication of its decision that this copying should not continue. In the case of Tylor v Sevin, a Hawaii, U.S., based photographer sued a Melbourne, Australia, based travel agent regarding a photograph he took titled ‘Waikaki Pink Boat’. The travel agent used the photograph on its website promoting holidays to Hawaii.

After being put on notice of the case, the travel agent refused to take down the photograph or offer to pay a licence fee. Read More

Act Promptly and Diligently When Preparing Evidence in Patent Oppositions or Else…

A recent decision of the Australian Patent Office has underscored the importance of acting promptly and diligently at all times when preparing evidence in patent oppositions.

In this case the patent applicant was unable to complete and serve its evidence-in-support and sought an extension of time in which to do so. The Commissioner’s delegate considered the conduct of the patent applicant throughout the period provided for service of the evidence and decided that the patent applicant had not acted promptly and diligently at all times. Read More

Sports Data’s Injuction Refused

Sports Data used to be the official supplier of statistics to the National Rugby League (NRL), the peak competition for the sport in Australia.  In 2013 its contract was terminated and a new supplier Prozone was appointed. 

In order to provide useful statistics relating to sporting events it is necessary for the statistics provider to have a template or set of criteria which identifies the events that will be captured or entered into the statistics database. Read More

It’s Not Easy Being Green

BP’s Application for Registration of the Colour Green as a Trade Mark Rejected by IP Australia

IP Australia has again made it clear that the assessment of a colour trade mark under section 41 of the Trade Marks Act 1995 (Cth) should be no different from the assessment of any other trade mark. 

However in rejecting BP’s application for registration of the colour green, the Office noted that while most objects have to be some colour, the act of applying a colour to a product will not act as an identifier for that product. Read More

Dick Smith Loses OZEMITE Trade Mark – Appeal Pending!

Australian entrepreneur Dick Smith is famous for supporting Australian businesses that grow and produce products. One of the products he is associated with is ‘OZEMITE’, which was supposed to be a yeast based product similar to the Australian icon Vegemite (for our U.S. based readers, it is said that no Australian will travel anywhere in the world without a jar of Vegemite in their luggage – it is a national icon, like the kangaroo).   Read More

Virgin Australia Melbourne Fashion Festival Proudly Sponsored by K&L Gates

K&L Gates hosted a panel of experts, featuring David Briskin (Executive Chairman, sass & bide and Director, VAMFF), Rachel Smith (Partner, Deloitte Touche Tohmatsu) and Jol Rogers (Partner, K&L Gates), at its annual Fashion Law Breakfast held as part of Virgin Australia Melbourne Fashion Festival. Read More

Australia Joins the Global Patent Prosecution Highway

What is the Global Patent Prosecution Highway?

The Australian Patent Office is one of 13 patent offices from around the globe that have joined forces to create a Global Patent Prosecution Highway (GPPH) pilot program, which commenced on 6 January 2014.

Under the GPPH pilot program – where an applicant receives a ruling from a participating patent office that at least one claim in a patent application is allowable – the applicant may request that another participating patent office accelerate examination of a corresponding patent application. Read More

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