Tag: Asia Pacific

1
Australia aligns with the U.S. and EU by adopting ‘exhaustion of rights’ doctrine
2
Air France restrained from using song that infringes “Love Is In The Air”
3
“I wanna really really really wanna… take you to court.” VB trade mark dispute heads to the Federal Circuit Court in Australia
4
Henley Arch obtains significant damages award in copyright claim against home owner
5
Beware the pitfalls of informal licensing agreements
6
More than financial – blockchain’s potential in the healthcare and life sciences industries
7
Does AI generated work give rise to a copyright claim?
8
Producers of generic medicines and biosimilars even more supported by EU
9
New Intellectual Property (Dispute Resolution) Bill In Singapore
10
Proposed Changes to the Singapore Copyright Act – Enhancing Creators’ Rights and Users’ Access to Copyrighted Works

Australia aligns with the U.S. and EU by adopting ‘exhaustion of rights’ doctrine

The High Court of Australia’s recent decision Calidad Pty Ltd v Seiko Epson Corporation [2020] 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.
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Air France restrained from using song that infringes “Love Is In The Air”

In April, we wrote about the judgement Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535 (Decision), in which Glass Candy and Air France were found to have infringed the copyright in the well-known 1970s hit song “Love is in the Air” (Love).

Now, in the recent judgement Boomerang Investments Pty Ltd v Padgett (Scope of Injunction) [2020] FCA 1413, the Federal Court of Australia has finalised the injunctive orders necessary to give effect to the Court’s earlier conclusions on the issue of liability in the Decision, amongst other matters.

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“I wanna really really really wanna… take you to court.” VB trade mark dispute heads to the Federal Circuit Court in Australia

Fashion mogul and former Spice Girl, Victoria Beckham has lost the first round of a trade mark battle with Australian skincare brand, VB Skinlab, in relation to two of VB Skinlab’s pending Australian trade mark applications for the “VB” brand filed in March 2018. A full copy of the decision can be found here.

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Henley Arch obtains significant damages award in copyright claim against home owner

Late last year, Judge Baird of the Australian Federal Circuit Court handed down a decision in the case of Henley Arch v Del Monaco, a copyright infringement matter in respect of a project home design.

The claim was brought by well-known Australian builder Henley Arch, who readers might also recall from the 2016 decision in Henley Arch v Lucky Homes. The respondent in this case, Dorian Del Monaco, was an individual who owned a property in Pakenham (Melbourne), Victoria.

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Beware the pitfalls of informal licensing agreements

The Federal Court of Australia recently handed down its decision in the copyright case of Hardingham v RP Data. This decision serves as a warning about the risks of informal licensing arrangements. The case centres around copyright infringement regarding the use of photographs and floorplans without authority.

The applicants in the case were Real Estate Marketing (REMA) and its sole director, Mr Hardingham. REMA had been operating its business since 2009 and entered into informal agreements with real estate agencies to create and provide photos and floorplans of properties for marketing campaigns. It was understood by REMA that, as part of marketing campaigns, the agents would upload the commissioned photos to platforms such as realestate.com.au. However, the scope of the permitted uses by the agents was not clearly agreed or recorded in writing.

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More than financial – blockchain’s potential in the healthcare and life sciences industries

Blockchain technology is considered by many to be one of the most important technologies developed in recent years. It is often misunderstood and its potential has yet to be fully realised and harnessed. Blockchain has been the subject of a large amount of negative press due to volatile price fluctuations of its biggest user, the cryptocurrency, and this has generated a public mistrust.

However, blockchain could hold the answer to two of technology’s greatest challenges: data reliability and security. These two things are particularly important in the healthcare and life sciences sector where veracity of data is a life or death question and the safety of our most intimate data is paramount.

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Does AI generated work give rise to a copyright claim?

The right to intellectual property protection in “Artificial Intelligence” generated work gives rise to numerous legal, economic and moral issues. “Artificial Intelligence” (AI) is a comprehensive term used to describe the ability of computer systems to perform tasks normally requiring human intelligence, ranging from translation processes and visual perception to brain simulation.

In this post, we give a brief introduction to the legal issues surrounding claims to copyright in AI generated work in the context of UK law and specifically, who can claim ownership of the work produced.

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Producers of generic medicines and biosimilars even more supported by EU

Effective 1 July 2019, the EU adopted a regulation by introducing a supplementary protection certificate (SPC) manufacturing and stockpiling waiver. This waiver also applies for biosimilar versions of SPC-protected medicine during the term of the SPC.

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New Intellectual Property (Dispute Resolution) Bill In Singapore

On 8 July 2019, the Intellectual Property (Dispute Resolution) Bill (Bill) was tabled in Parliament, after a public consultation on the draft Bill that was conducted in March 2019 by the Singapore Ministry of Law.

The Bill aims to ensure that the Singapore Intellectual Property (IP) regime continues to support innovative activities in Singapore and positions Singapore as a choice of venue for international IP dispute resolution.

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Proposed Changes to the Singapore Copyright Act – Enhancing Creators’ Rights and Users’ Access to Copyrighted Works

On 17 January 2019, the Singapore Ministry of Law and the Intellectual Property Office of Singapore issued the Singapore Copyright Review Report (the Report), which proposes a number of important amendments to the Singapore Copyright Act (the CA), following several rounds of public consultations in 2016 and 2017.

The objective of the proposed amendments is to ensure that the Singapore copyright regime keeps abreast of technological developments which have significantly changed how creative works are created, distributed and consumed. In this regard, the proposed amendments seek to enhance creators’ rights and users’ access to copyrighted works.

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