The Australian Government has announced the purchase of copyright in the Australian Aboriginal Flag, ending several years of controversy and uncertainty and guaranteeing the ability of First Nations peoples to freely use the flag to express their identity.
Read MoreLast month we wrote about the Full Federal Court’s decision in Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202 (Aristocrat), which concerned the patentability of computer implemented inventions (CIIs).
This month, the Full Court determined another appeal regarding CIIs: Repipe v Commissioner of Patents [2021] FCAFC 223. The decision concerned two patent applications by Repipe Pty Ltd that disclosed systems and methods for providing information to field workers by way of a central computer server connected to a GPS-enabled mobile device (i.e. a smartphone). The applications were treated as the same for all relevant purposes at trial and during the appeal.
Read MoreOn 21 November 2021, the amended Singapore Copyright Act came into force (Amended Act). Major updates were made to the existing Copyright Act in order to enhance protection of copyright in view of the various technological developments. We set out some of the key changes to take note of.
Read MoreIn February 2020, we wrote about the Federal Court’s decision in Hardingham v RP Data Pty Ltd, in which Justice Thawley held that RP Data (the operator of a real estate commercial information database) did not infringe copyright owned by Real Estate Marketing (REMA) and its sole director, Mr Hardingham, in images and floorplans created for real estate listings. Justice Thawley found that REMA/Mr Hardingham had effectively authorised the use of their copyright materials by RP Data, via a chain of implied licences and sub-licences from REMA/Mr Hardingham to real estate agencies, to the operator of realestate.com.au and ultimately to RP Data. This was despite the fact that there was no clear or written agreement between REMA/Mr Hardingham and the real estate agencies to whom the copyright images and floorplans were supplied.
Read MoreThe Full Court of the Federal Court of Australia has reaffirmed that a registered trade mark can only be infringed by the primary user of a trade mark and there is no concept of authorisation of infringement recognised under Australian trade mark law.
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Many companies and activists toe the line of trade mark and copyright infringement in the name of parody, satire and criticism. In Australia, the fair dealing copyright exception for the purpose of parody or satire had rarely been judicially considered. There have now been two recent cases considering the defence.
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A clear cut case of copyright infringement involving Twisted Sister’s hit song “We’re Not Gonna Take It” (WNGTI) has demonstrated the Court’s willingness to award significant financial penalties where intellectual property rights have been “flagrantly” infringed.
In Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434, Justice Katzmann of the Federal Court ordered Australian businessman and United Australia Party (UAP) founder Clive Palmer to pay AU$1.5 million in damages after finding that he had infringed copyright in WNGTI. Katzmann J notably awarded AU$1 million in additional damages, two-thirds of the total award, under section 115(4) of the Copyright Act 1968 (Cth) (Act).
The action was brought against Mr Palmer by joint applicants Universal Music Publishing Pty Ltd and Songs of Universal (collectively, Universal), which are the exclusive Australian licensee and copyright assignee respectively.
Read MoreThe first substantial amendments to China’s Copyright Law in 20 years were passed in November 2020 and will come into effect on 1 June 2021 (the Amendments). The Amendments primarily focus on enhancing protections for copyright owners, better aligning China’s Copyright Law with international standards, and implementing the Beijing Treaty on Audiovisual Performances that entered into force in April 2020.
The heavy deterrence-related focus of the revised Copyright Law will strengthen protections for copyright owners, particularly relating to digital piracy.
Read MoreIn a technological age where most consumers are receiving their information digitally, brands need to find new ways to engage with consumers. With nine out of ten Australians owning a smart phone and spending on average three hours a day on their devices, consumer engagement by way of multimedia is growing, increasing the popularity of movement trade marks.
The first movement trade mark was registered in Australia in 2002. There are currently 99 registered movement trade marks in Australia.
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