Disqus - Latest Comments for wrothnie

Re: UKSC rejects Thaler and DABUS

iWarwick — Wed, 20 Dec 2023 18:52:33 -0000

Updated to add in Lord Kitchin's comments about the policy issue

Re: Lavazza qualità Oro – Oro tarnished or sanity restored

iWarwick — Sun, 03 Dec 2023 18:26:15 -0000

I corrected the image of the "classic" Lavazza qualità Oro packaging dating from 1979 - makes the change in branding and the different outcome on trade mark use rather more understandable!

Re: Is there a copyright work and who owns it?

iWarwick — Tue, 25 Jul 2023 00:32:49 -0000

For issues that arise where the source code has been destroyed and overcoming the problems arising when executable code is decompiled, see PQ Systems Europe Ltd & Anor v Aughton & Anor [2023] EWHC 581 (Pat) https://www.bailii.org/ew/c... commented on by the Amerikat here: https://ipkitten.blogspot.c...

Re: Did the High Court change the law of trade mark infringement to a kind of registered passing off?

iWarwick — Fri, 31 Mar 2023 02:56:45 -0000

Craig Smith SC has some interesting points on the "deceptive similarity" test over on the List G website:

https://www.listgbarristers.com.au/publications/intellectual-property-law-update-some-wrinkles-in-the-high-courts-treatment-of-deceptive-similarity-for-trade-marks

#in

Re: Thaler (DABUS) is donged Down Under

iWarwick — Wed, 16 Nov 2022 17:12:30 -0000

On the subject of an AI as an inventor or an author, the IPKat has recently had 2 book reviews:

- Intellectual Property Protection for AI-Generated Creations: https://ipkitten.blogspot.c...

- The Future of Copyright in the Age of Artificial Intelligence: https://ipkitten.blogspot.c...

Re: More on DABUS – this time in Old Blighty

iWarwick — Mon, 06 Sep 2021 05:42:37 -0000

Thanks for the update, Mark. Not sure there will be too much doubt about the outcome given the decisions cited by Marcys Smith J.

Re: DABUS Down Under take 3

iWarwick — Tue, 31 Aug 2021 19:31:29 -0000

Thanks, Mark.

I hadn't appreciated it was under the ADJR Act. In that case, it looks like Beach J's decision resolved all issues (in the proceeding) between the parties (as when I last looked the file is shown as closed on the Commonwealth Courts portal) so leave wouldn't be required: FCAA s 24(1A).

Re: Fearless Girl – the sequel

iWarwick — Tue, 01 Jun 2021 00:22:28 -0000

Added not to correct the sentence in "in his Honour's principal reasons: Lid dip: Sue Gatford

Re: The Commonwealth gets nothing on Sanofi’s undertaking as to damages

iWarwick — Fri, 26 Jun 2020 22:25:01 -0000

Nicholas J’s view on the directness of the loss may be contrasted with that of Jagot J in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2018] FCA 1556; 136 IPR 8 at [447] where her Honour said (in part) “ It is artificial in the extreme for Wyeth to suggest that the injunction did not prevent Sigma from seeking listing on the PBS. The operation of the interlocutory injunction prevented Sigma from continuing to sell its products on the private market. It prevented Sigma from exercising any of the rights that registration of its products on the ARTG gave it. As a result, Sigma had no occasion to re-consider whether to seek PBS listing of its products.”

Re: Ten Years of Patentology

iWarwick — Fri, 12 Jun 2020 23:22:59 -0000

Congratulations on 10 years, Mark! Great effort and thanks for the always stimulating analysis!

Re: Productivity Commission Response No 2

iWarwick — Wed, 12 Feb 2020 05:46:16 -0000

Great! Thanks, Mark!

Re: One essential trick for paperless working:...

iWarwick — Wed, 23 Aug 2017 01:11:48 -0000

In fact, I think the steps are (well, these worked for me on an iPad Pro):

1. Choose the share button

2. Choose print

3. Pinch out (to zoom in)

4. Share button again and choose import to Goodnotes

Re: 1H 2017 Quick Links, Part 4 (Copyright, Patent, More)

iWarwick — Tue, 18 Jul 2017 18:24:01 -0000

Hi Eric

Re your link to The Age and the death of 3 strikes: the day after that announcement, the movie studies filed the court case that led to this decision ordering the ISPs to block access to infringing offshore websites:

http://ipwars.com/2017/03/0...

Re: IPwars.com | The scope of trade marks attorney privilege

iWarwick — Thu, 03 Nov 2016 23:16:06 -0000

Well, Logan J distinguished between advising on prospects (or at least whether there was a trade mark infringement) (privileged) and drafting submissions (response) (not privileged). That of course was obiter, but ....

Re: IPwars.com | The scope of trade marks attorney privilege

iWarwick — Thu, 03 Nov 2016 19:09:45 -0000

Thanks for drawing that decision to our attention, Matthew. I agree there are aspects of Wundowie (https://jade.io/article/212... that seem more expansive. Arguably, however, the two decisions can stand together as Wundowie (https://jade.io/article/212... seems to have concerned the patent attorney's advice about the patentability of the invention rather than documents prepared by the attorney for 'litigation'.

Re: Parallel imports – repackaging Down Under

iWarwick — Tue, 01 Dec 2015 23:25:36 -0000

I am reliably informed, by Mr King of STG's solicitors, that an appeal was heard by the Full Court on 25 November. I guess we shall wait and see what happens.

Re: Patentology: Patenting Medical Treatments – An Overview

iWarwick — Mon, 29 Jun 2015 03:43:19 -0000

The big question, assuming the 2 judges remaining stick to their obiter views, is when is a doctor, or other medical staff, physically treating a patient - when administering the drug in an outpatient setting?

Re: Regency still loses its MPEG appeal

iWarwick — Thu, 25 Dec 2014 17:35:51 -0000

Mark Summerfield from Watermark points out that Regency does not make dvd players, but rather dvds, under its licence from MPEG. Thanks, Mark!

Re: Online copyright infringement reforms announced

iWarwick — Wed, 10 Dec 2014 22:46:53 -0000

The Greens have announced they will oppose the Government's plans:

http://scott-ludlam.greensm...

Re: Online copyright infringement reforms announced

iWarwick — Wed, 10 Dec 2014 00:03:56 -0000

Aha - the letter can be found here:

http://foreignaffairs.co.nz...

Re: ORO and CINQUE STELLE are registrable as trade marks for coffee in Australia

iWarwick — Wed, 03 Dec 2014 18:11:00 -0000

Meanwhile, Yates J has held that Apple's "App Store" is not registrable as a trade mark in Australia:

https://jade.barnet.com.au/...

Re: ACIP on innovation patents

iWarwick — Thu, 03 Jul 2014 20:45:50 -0000

Thanks, Daniel. I think that is indeed part of the rationale for the recommendation although it is mainly put on the basis that most countries that have "similar" systems require there to be a product. Then, of course, there is all the fun of means + function claims.

Re: Summer must be over …

iWarwick — Sun, 19 Jan 2014 22:59:44 -0000

Dr Summerfield has prepared a mark up of the exposure draft compared to the lapsed 2013 bill at Patentology: http://blog.patentology.com...

Re: Bugatchi gets Bugatti-ed

iWarwick — Fri, 08 Nov 2013 05:57:22 -0000

Good question, Mark!

There isn't much discussion in the judgment about the issue and the respondent was effectively self-represented. I wonder whether the imports may have been rather sporadic so that, maybe, it wasn't continuous user.

Re: A coffee free-for-all and a trade mark cancellation

iWarwick — Wed, 23 Oct 2013 22:41:47 -0000

Therese Catanzariti tells me Modena have applied for special leave to appeal to the High Court.

http://www.13wentworthselbo...