Misleading and deceptive conduct: when copying is not enough

The fact that a competitor has copied your client’s trade indicia does not necessarily establish a claim for misleading and deceptive conduct in breach of…

By - 5 min read

Parallel importation: defending an allegation of trade mark infringement

Practitioners acting for parallel importers may face resistance from Australian trade mark owners and local distributors. By JULIAN ZMOOD.  

By - 6 min read

Isolated nucleic acids now patentable in Australia

The Full Federal Court has unanimously confirmed that isolated nucleic acids, either DNA or RNA, are patentable in Australia. By ADAM DENLEY, TOM GUMLEY, CHELSEA…

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Intellectual property: the importance of minimising risk in online agreements

By 2018 it is expected by most experts that online use will be embedded in virtually every commercial transaction. Practitioners need to master this new…

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Search engine optimisation: how much is too much?

The case of Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2014] FCAFC 75 provides new guidance on the legality of search engine optimisation…

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Protecting software in the digital age

Obtaining evidence of end-user copyright infringement is the major challenge of the digital age, as there is no point of sale where evidence can be…

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Patent trolls: what you need to know

In 2013, 2 million patents were filed worldwide. US tech companies defending against patent trolls spent $29 billion in litigation costs for 5842 lawsuits in…

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Telstra’s yellow monopoly aspirations given a red light by the Federal Court

On 11 April 2014, Justice Murphy delivered his judgment granting two appeals filed against decisions of Delegates of the Registrar of Trade Marks which had…

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Theft or inspiration? Clear findings on copyright infringement

If the starting point for a designer is another designer’s work, it is a large hurdle for the defendant to prove there has not been…

By and - 4 min read