Tag:Asia Pacific

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Extension of Term for Australian Patents Relating to AbbVie’s Blockbuster Drug HUMIRA Denied
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Australian Court Orders Copy House to Undergo Significant Alterations: A Recent Decision on Copyright Infringement in Building Designs
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Replica Furniture: A Call to Arms
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Designing Fashion: How to be Inspired Not to Copy
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Parody Marks, Reputation and ‘Misleading and Deceptive Conduct’ in Australia
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Tamawood v Habitare: a Recent Australian Decision on Copyright Infringement in Building Designs
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Australian ISPs Ordered to Hand Over Customer Details in P2P Copyright Action
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International Design Update
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Decade Old Official Fees set to Change for Trade Marks and Designs in Hong Kong
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Fashion Law

Extension of Term for Australian Patents Relating to AbbVie’s Blockbuster Drug HUMIRA Denied

In a recent decision the Australian Patent Office has rejected applications to extend the term of three patents related to the highly successful anti-inflammatory drug HUMIRA.

The patents are part of a family in which extensions of term had been granted in connection with earlier patents. These earlier extensions were based on the initial listing of HUMIRA on the Australian Register of Therapeutic Goods (ARTG) for the treatment of rheumatoid arthritis.

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Australian Court Orders Copy House to Undergo Significant Alterations: A Recent Decision on Copyright Infringement in Building Designs

Earlier this week the Supreme Court of Queensland (Court) delivered its judgment in the case of Coles v Dormer & Ors, a copyright infringement case about home designs. The Court found that a house built in an exclusive Port Douglas estate was created by copying the design of another house built close by in the same estate, and ordered that the infringing house undergo significant alterations to change its appearance.

John and Edith Bredens were prospective buyers of a home in The Sands, which had been constructed by Port Douglas Builders in accordance with plans created by designer Gregory Skyring. The Bredens were not successful in purchasing the house, which was ultimately bought by Stephen Coles, who gave evidence that he was particularly taken with the unique style of the house.

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Replica Furniture: A Call to Arms

In a four-part series recently published in Habitus Living, we explore the issues faced by makers of original and authentic designs by the rise of the replica furniture industry in Australia.

The popularity of reality renovation shows has sparked interest and demand for designer furniture, homewares and lighting products. Consumers seeking such products at affordable prices have been serviced by businesses dedicated to the sale of replica furniture products that are manufactured cheaply overseas and widely available online.

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Designing Fashion: How to be Inspired Not to Copy

Earlier this year, K&L Gates hosted its annual Fashion Law Breakfast in conjunction with the Virgin Australia Melbourne Fashion Festival. A fantastic panel of both fashion and legal experts divulged tips on inspiring creativity in the fashion industry and combating copyists.

Following trend forecasts and drawing inspiration from the catwalks overseas is nothing new or particularly sinister. However, there is a clear distinction between drawing inspiration and copying.

Fashion brands need to have a culture that sets clear expectations when it comes to drawing the line between inspiration and copying. Creating something new and innovative needs to be part of a fashion brand’s modus operandi. Junior designers with their fresh approach and cutting edge design skills should be encouraged to work on hero collection pieces.

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Parody Marks, Reputation and ‘Misleading and Deceptive Conduct’ in Australia

In May 2013, Catchoftheday.com.au Pty Ltd applied to register the following marks:

BP 2 BP1

 

 

 

Target Australia Pty Ltd (Target), a well known Australian retailer, opposed registration of the marks. It argued that under section 42(b) of the Trade Marks Act 1995 (Cth), use of the Trade Marks would be contrary to law.

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Tamawood v Habitare: a Recent Australian Decision on Copyright Infringement in Building Designs

Earlier this week the Full Court of the Federal Court of Australia (Full Court) delivered its judgment in the case of Tamawood v Habitare Developments, a copyright infringement case in respect of project home designs.

Habitare Developments had engaged designer/builder Tamawood to create designs for project homes for a new development. However, due to a falling out between the parties, Habitare Developments ultimately engaged architects Mondo to create the final plans for the development and engaged another builder to construct the houses. Tamawood commenced proceedings against all parties for copyright infringement. The respondents denied that Tamawood’s designs had been used as a starting point and that copyright had been infringed.

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Australian ISPs Ordered to Hand Over Customer Details in P2P Copyright Action

Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317

In November 2014, IP Law Watch reported on attempts by the rights holder of the film Dallas Buyers Club to compel Australian ISPs to disclose the identities of BitTorrent users who allegedly shared copies of the film.

On 7 April 2015, Justice Perram of the Federal Court of Australia ruled in favour of Dallas Buyers Club LLC and Voltage Pictures LLC, ordering six ISPs to disclose the details of 4,726 customers.

The judgment has been widely reported in the Australian media as a landmark decision and a game changer in the battle regarding online piracy.  In fact, the kind of order granted by Justice Perram is far from revolutionary.  For many years, civil procedure rules at both state and federal levels have enabled a party to seek orders requiring a third party to produce documents or give evidence as to the identity of a prospective respondent.  There are decisions going back as far as the 1970s in which this kind of preliminary discovery order has been granted (see for example Exley v Wyong Shire Council (10 December 1976, Master Allen, unreported) and Stewart v Miller [1979] 2 NSWLR 128).

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International Design Update

New Members to the Hague System

The Hague Agreement concerning the International Deposit of Industrial Designs (Hague System) is administered by World Intellectual Property Organization (WIPO) and has been around for almost 100 years. It is a mechanism, similar to the Madrid Protocol System for trade marks, of registering an industrial design in several countries by means of a single application, filed in one language and with one set of fees. The Hague System produces the same effect of a grant of protection in each of the designated contracting countries as if the design had been registered directly with each national office, unless protection is refused by the national office.

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Decade Old Official Fees set to Change for Trade Marks and Designs in Hong Kong

On 18 March 2015, the Hong Kong Intellectual Property Department (IPD) informed E-filers that, subject to the completion of legislative procedures, certain official fees for trade marks and designs will be revised from 30 March 2015. Official renewal fees for trade marks and designs will be slashed. The official filing fees for trade mark applications and searches will be hiked, to help the IPD recover its running costs. Read More

Fashion Law

“The great thing about fashion is that it always looks forward.” Oscar de la Renta

We are excited to bring you the second edition of Fashion Law, highlighting important issues in the crossroads between fashion and the law.

From choosing brand names and protecting distinctive elements of your product and prints, to exclusivity agreements with retailers and protecting your brand online, Fashion Law provides you with valuable information at all stages of your journey, from kick-starting your business through to the runway and beyond.

Please click here to read the Autumn/Winter 2015 edition of Fashion Law.

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