ACIP’s Review of the Designs Systems proposes three approaches to reform

In 2012, the Advisory Council on Intellectual Property (ACIP) was tasked by the Government with conducting a review of the operation and effectiveness of the Designs Act 2003 (Cth) in supporting innovation. Late last year, ACIP released its Options Paper on the Designs Act (available online here). The Options Paper proposed three approaches to reform. In summary: The first option …

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Je suis Charlie, but it is not a trade mark

On 9 January 2015, a US trade mark application was filed for JE SUIS CHARLIE by a trust from California.  An Australian application for JESUISCHARLIE was filed on 12 January 2015 by the M&G Besser Family Trust in relation to publishing services in class 41.*  The phrase references the 7 January murder of 12 people at the offices of French …

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Are your LinkedIn connections trade secrets?

Wait, what?

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5 Seconds of Summer refused trade mark registration

The music production company behind one of the biggest boy bands in the world, 5 Seconds of Summer, has been refused registration of the trade mark ‘5SOS’. Is this due to a lack of up-to-date pop culture knowledge on the part of the Australian Trade Marks Office? You can read the decision here. For those of you asking “who is …

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2014 in review: the top three Australian developments in patents, trade marks and copyright

As the year reaches its close, we take a look back at the key Australian developments in intellectual property in 2014, including in patents, trade marks and copyright. Top 3 trade mark developments Cantarella Bros v Modena Trading [2014] HCA 48 A High Court decision on trade marks is always going to be at the top of the top three …

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Senate inquiry into the regulation of digital currency – a move in the right direction?

By Keely Fitzpatrick Those who thought that the world of digital currency was beyond the reach of tax and other regulatory authorities have been living in a “Dark Fantasy”. Since our article earlier this year exploring the expansion of digital currencies and the Coinye saga of January 2014 the interest in digital currencies (such as Bitcoin) has continued to rise, …

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ATMOsphere – Trade Marks Office Decisions – December 2014

ATMOsphere: Our regular trade mark series of posts that aim to keep our readers up-to-date on what has been happening in the world of Trade Marks Office decisions. Here, our aim is both to provide a very high level summary of those decisions, and to provide an interesting and useful snapshot of the previous months of decisions. For our December 2014 …

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Copyright contract proves to be Kryptonite for Superman co-creator

Joseph Shuster (artist) and Jerry Siegel (writer) created the legendary comic book character Superman in 1933, and assigned copyright in the work to Warner Bros subsidiary DC Comics in 1938 – apparently for $130. (Fun fact: the original cheque from DC Comics to Joseph Shuster was recently sold at auction for $160,000! Although we note that the duo continued to …

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