Copyright law for a ‘digital age’? New exceptions laid before UK Parliament

Following an extensive public consultation period, the UK Government has issued its final versions of draft legislation amending the Copyright, Designs and Patents Act 1988 to update the existing law on copyright exceptions. If approved by both Houses of Parliament, the new and revised exceptions will come into force from 1 June 2014. The reforms (which are set out in …

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Using your trade marks in colour? Act now to confirm appropriate coverage in the UK and Europe for your valuable brands

IP practitioners have heard it all when it comes to rules of thumb. The infamous “10 percent rule” immediately springs to mind (ie. if there’s a 10% difference from the original work, then you’re not infringing copyright …). Another that is trotted out frequently is that a trade mark registered in black & white covers all colours, and that use …

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High Court grants special leave to appeal extension of time in pharmaceutical patent case

Last Friday the High Court of Australia granted Alphapharm special leave to appeal from a decision of the Full Federal Court in Aspen Pharma Pty Ltd v H Lundbeck A/S [2013] FCAFC 129.  The Full Court’s decision affirmed an earlier decision of the Administrative Appeals Tribunal to grant Lundbeck an extension of time in which to make an application to …

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Federal Court analyses part of the National Privacy Principles

On 27 March 2014 the Federal Court of Australia decided a case in which it was necessary to form a view of the meaning of one of the National Privacy Principles. Since the National Privacy Principles came into force in December 2001 there have only been two cases in the Federal Court of Australia to consider the substance of the …

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Pushing the boundaries of trade mark law (Part 1) – The Glee Club v Glee and “wrong way around” confusion

Well, fans of hit TV show GLEE will be rocked by the recent decision from Roger Wyand QC (sitting as Deputy Judge of the UK High Court) finding that the use of GLEE infringed a trade mark registration owned by Comic Enterprises Limited (CEL), for a series of two marks consisting of THE GLEE CLUB in a stylised form (one …

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The ALRC releases Discussion Paper on “Serious Invasions of Privacy in the Digital Era”

As we foreshadowed last month, the Australian Law Reform Commission has recently released Discussion Paper 80, on “Serious Invasions of Privacy in the Digital Era”. The terms of reference for the discussion paper were to investigate the ways in which law can protect the privacy interests of the public, and in particular, come up with detailed mechanics for a new …

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15 minutes of fame: keeping “in-app” purchases in-check

The days of unauthorized in-app purchases are well and truly numbered, following a spate of private and regulatory enforcement action in the United States, and the issue being firmly on the agenda of regulators in the UK, EU and Australia. Our friends at our sister blog In Competition have written a post about this issue. For more, see here.

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Pinterest and copyright: How to deal with copyright issues on this popular social networking site

Pinterest is the world’s third most popular social networking site. It designed to be a “virtual pinboard”, on which users “pin” images, videos, articles and websites, replacing the traditional pinboard or scrapbook. Users can share their pinboards or follow the boards of other Pinterest users. Every time an item is “pinned” to a board, a full-sized copy of that image …

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