10 June 2004
Welcome to the June edition of Clayton Utz Intellectual Property and IT Insights, in which we'll look at two web problems: pop-up ads and keyword-based advertising using someone else's trade marks.
Corporate governance is a hot topic, and we'll see how it applies to ICT. We'll also look at the exciting area of business system patents, Crown ownership of copyright, and the less than pragmatic Australian approach to IT disputes. Finally, we'll sit back and enjoy the latest Harry Potter story to see how a boy wizard fares in the Federal Court.
By Nicholas Tyacke and Rohan Higgins.
Does creating pop-up ads infringe the rights of the website owner over whose webpage they appear? Nicholas Tyacke and Rohan Higgins take a look at an annoying trend.
By Catherine Lee.
First use often trumps fame, says Catherine Lee, when two companies claim a trade mark.
By Paul Noonan.
The draft standard is a timely recognition of ICT corporate governance's importance, says Paul Noonan, and, after public comment refines it, it will be a useful reference point from which organisations can develop their corporate governance approaches.
By Nicholas Tyacke and Rohan Higgins.
After a two-year government requested review, the Advisory Council on Intellectual Property has concluded that Australian patent law adequately protects business systems, say Nicholas Tyacke, and Rohan Higgins but that steps should be taken to improve the quality of patents in that field of invention.
By Peter Knight.
Peter Knight compares Australian courts' approach to IT disputes to the pragmatic and robust treatment of them by the English High Court.
By Jacqueline McStay.
There is a need for a common and coherent set of principles governing the ownership of all public sector information. Jacqueline McStay looks at a current inquiry into Crown copyright.
By Nicholas Tyacke.
In the previous edition of Insights, Nicholas Tyacke looked at whether the sale by internet search engines of keyword-based advertising involving trade marked terms to someone other than the trade mark owner may expose the keyword seller and/or buyer to an action for trade mark infringement.
Paul is recognised as a leading lawyer in major projects, government commercial arrangements, commercialisation, information technology, electronic services and intellectual property.
