Intellectual Property and IT Insights

19 July 2006

Welcome to the July edition of Clayton Utz Intellectual Property & IT Insights, in which we'll look at what happened when the bikini-clad girl met the magazine - and what we can all learn from it.

Are technological protection measures dead after the Sony case, or only resting? We'll examine the latest developments in stopping cracking devices.

We'll also look at what you can do when someone tries to have your trade mark removed from the Register for non-use, and the latest in cybersquatting.

Finally, we'll round up some important developments in patents.

Lara Bingle sues men's magazine - protecting personality rights in Australia

By Nicholas Tyacke and Tara Walker.

The new international face of Tourism Australia, Lara Bingle, is suing a men's magazine in a case that may further define the boundaries of protection available to well-known personalities in relation to their names and likenesses, as Nicholas Tyacke and Tara Walker explain.

It's patently not obvious to an Aussie Rules coach

By Wayne Condon and Richard Hoad.

When looking at whether an invention is obvious, for the purposes of patent law, the court assumes there is a "notional skilled addressee". What is that addressee assumed to know? Wayne Condon and Richard Hoad look for answers in a recent case.

Domain names and trade marks: Words of caution from the UK High Court

By Jasna Bratic .

A recent case may mean that more extensive background searches will need to be carried out by the applicant to ensure that others' trade marks are not being compromised, says Jasna Bratic.

Review of technological protection measures exceptions: is there an easier way?

By Peter Knight.

Peter Knight discusses the latest developments in technological protection measures, and why there are simpler alternatives to the proposed changes which would make copyright owners' rights clearer.

When is a licence agreement a franchise agreement?

By Wayne Condon .

Businesses might be surprised to learn that the licensing of IP can be a franchise, but that's the result of a recent case. Wayne Condon looks at the implications for business.

Name the wrong inventors, lose your patent

By Nicholas Tyacke and Tara Walker.

Nicholas Tyacke and Tara Walker explain why you have to be careful to get the inventors right when applying for a patent.

Shakeup in evidence preparation for patent oppositions

By Wayne Condon .

It's common to give expert witnesses in patent opposition proceedings drafts of their declaration which they are asked to agree to or not, but as Wayne Condon explains, this is about to change.

Trade marks and the issue of bad faith in "non-use applications": who bears the burden of proof?

By Amélia Davis.

When an application is made to expunge a registered trade mark on the ground that it has not been used in good faith for a period of three years up to the date of the application, what must an owner show to oppose the application, asks Amélia Burrett.

Summary judgment in Australian IP cases

By Wayne Condon .

It might be easier to have claims struck out following a recent decision, as Wayne Condon explains.

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