Intellectual Property and IT Insights

12 March 2004

Welcome to the March edition of Clayton Utz IP and IT Insights. Creators and owners of innovative designs have long wanted changes to Australian design law, and in this edition we'll see whether the new Act answers their prayers.

We'll also look at how to get the best out of an IT public/private partnership, search engines and trade marks, and what happens when a trade mark gets lost in translation.

New dawn for Australia’s registered designs laws

By Wayne Condon and Richard Hoad.

Wayne Condon and Richard Hoad discuss the Designs Act 2003, which, they say, should reinvigorate Australia’s designs laws, and provide welcome relief to the creators and owners of innovative designs.

Fixing the copyright/design overlap?

By Peter Knight.

Contentious laws dealing with the copyright/design overlap are changing – but will they give better protection for manufacturers and designers? Peter Knight isn’t so sure.

“Shiver Me Timbers!” still infringes

By Wayne Condon and Deborah Polites.

Wayne Condon and Deborah Polites look at a case in which a design for a non-electrical head massage device was infringed by another device sold with instructions allowing the user to bend it into an infringing shape, but has left the way open for indirect infringement of registered designs.

Internet search engines, advertising and trade marks

By Nicholas Tyacke and Rohan Higgins.

When someone types your trade mark into a search engine, will your site come up first? Not if an advertiser paid the search engine to make its online shop the first hit. Nicholas Tyacke and Rohan Higgins look at how trade mark owners are protecting their marks.

Unique aspects of IT PPP projects

By Julian Gyngell.

As IT public/private partnerships become more popular, it’s important to understand their unique features, as Julian Gyngell explains.

Quick bytes

A roundup of some recent developments.

Foreign language marks and deceptive similarity

By Julian Gyngell.

You say Clinica, I say Clinique – should we just call the whole thing off? Julian Gyngell looks at a recent case of foreign language trade marks and the association of ideas.