Employees often like to take a little with them when leaving employment, some might say as a ‘memento’, others might say as outright theft of the intellectual property of their employer. In a recent decision, an ex employee was ordered to pay his former employer AUD50,000 in damages for copying over 60GB of data prior to leaving his job to work for a competitor.
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
A man was arrested by Hong Kong Customs (Customs) for uploading a large amount of suspected infringing copyright works to the internet for financial gain. The automatic monitoring system, called Lineament Monitoring System 1 Plus (LMS1+), searches discussion forums, captures evidence related to selected messages and performs automatic downloads for further analysis. LMS1+ alerts Customs officers of suspected cases to conduct a more thorough investigation. Read More
ISPs Ordered to Block Websites Selling Counterfeit Products
In a landmark decision, a judge of the High Court of Justice, England and Wales has ruled that internet service providers (ISPs) in the United Kingdom may be ordered to take all reasonable steps to prevent or restrict access to websites selling counterfeit goods.
The case was brought by luxury brand owner Compagnie Financiere Richemont SA (Richemont), which relevantly owns the Cartier and Montblanc brands and associated trade marks, against the five largest ISPs in the United Kingdom.
In a recent decision, the High Court of Australia has ruled that the extension of time provisions of the Australian Patents Act 1990 (Act) can be used to extend the time for requesting an extension of term of a patent relating to a pharmaceutical substance.
The dispute was based on a request by Lundbeck to extend the term of Australian patent 623144. The extension of term request was filed after the applicable deadline and was, therefore, accompanied by an application for an extension of time. Read More
The film Dallas Buyers Club won critical acclaim and earned Matthew McConaughey and Jared Leto Academy Awards for Best Actor and Best Supporting Actor respectively. Now the rights holder of the film, Dallas Buyers Club LLC, is looking to pursue Australians who it believes have illegally downloaded the film.
The company has issued proceedings in the Federal Court of Australia against iiNet Limited and four other internet service providers, seeking orders to have them disclose the identities of the alleged pirates. iiNet has indicated that it will defend the action. Read More
The New Zealand Patents Regulations 2014 have effectively introduced a five year deadline for filing divisional applications.
The deadline arises as a result of restricting the period in which examination of a divisional application may be requested. In this regard, examination must be requested within five years of the date of filing of the parent application, or for a series of divisional applications, within five years of the date of filing of the first application in the series. Read More
A seemingly endless variety of facial masks can now be found in Hong Kong, some containing ingredients like bird’s nest or the slime of a snail. Do not be surprised to see beauty products depicting a picture of a cheerful snail followed by a trail of slime on the packaging.
It has become routine for many to put on a facial mask at night in Hong Kong. Sadly, some merchants have decided to take unlawful advantage of the popularity of facial masks, albeit not necessarily containing the above ingredients or depicting a smiling snail. Read More
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
“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.
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