Intellectual Property and IT Insights

14 December 2005

Welcome to the final edition of Clayton Utz Intellectual Property & IT Insights for 2005. Television might have been around for half a century, but has the law caught up with protecting its format? The answer might surprise you.

Two contentious issues in patents - experimental use and what is patentable - are at the fore this month. Not only is experimenting with patented technology tricky, but the test for patenting an invention might be getting harder to pass.

We'll also find out whether a director or a company owns the director's inventions, and look at some developments in Government and IP.

Finally we'd like to wish you season's greetings, and hope you have a relaxing break, so you're ready for the New Year's challenges.

The Block is no Dream Home - copyright and television program formats

By John Fairbairn.

TV formats are big business, but will copyright law protect them? As John Fairbairn shows, the answer will surprise many in the industry.

Does your invention "benefit Australian society as a whole" - a new test for patentability

By Nicholas Tyacke and Rohan Higgins.

What is patentable might be narrower than previously thought, say Nicholas Tyacke and Rohan Higgins, if a recent case is followed.

Who owns the IP devised by a company director?

By Peter Knight.

Small start-ups often have the main inventor as a director. Who owns the inventions - the inventor/ director or the company? Peter Knight explores this tricky area and what can be done to protect companies and inventors.

Experimenting… at your peril?

By Cynthia Sargent.

When can you experiment with someone else's patented technology? Cynthia Sargent examines the current situation in Australia and what you should do if you are considering experimenting with patented technology.

A case of software "look and feel"

By Simon Turnill.

In the case of software, when can copying the way another software package works, as opposed to its code, amount to copyright infringement? Simon Turnill looks for answers in a recent UK case.

Crown copyright - an uncertain future

By Jamie Doran.

Government departments will need to re-evaluate their approach to dealing with copyright ownership in contracts if recommendations to abolish Crown copyright are implemented, explains Jamie Doran.

GITC version 5 - Government ICT contracting in Queensland moves to a new age

By Andrew Hynd.

The latest Queensland Government Information Technology Contracting Framework is a significant advance on the previous model, as Andrew Hynd explains.

For more information, contact...
Email: Ian Bloemendal, Partner
Tel: +61 7 3292 7217
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Email: Mary Still, Consultant
Tel: +61 2 9353 4149
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Tel: +61 8 9426 8430
Email: Paul Fitzpatrick, Partner
Tel: +61 8 9426 8416
Email: Chris McLeod, Partner
Tel: +61 3 9286 6214
Email: Margaret Michaels, Partner
Tel: +61 8 8943 2517
Email: Alexandra Wedutenko, Partner
Tel: +61 2 6279 4008