real law news
Damages when the software vendor doesn’t deliver – IPwars.com
The NSW Court of Appeal has upheld the decision to award damages for a defective computer system as the cost of replacement and also included a component for an employee’s time spent working on solutions for the problems. Some facts SEMF is an engineering and project management consultancy. In 2013, it engaged Renown to supply […]
GIs, free trade, Australia and the EU – IPwars.com
With the closing stages of the negotiations between Australia and the EU over the proposed free trade agreement almost upon us, the EU has proposed a list of 55 further wine geographical indications it wants to protect.[1] Amongst others, the list includes “prosecco” and “vittoria”. The Department of Agriculture is holding a Public Objections Process […]
Does No Win No Fee Mean No Payment Is Required?
Table of Contents ‘No win no fee’ explained: What does it actually mean? You might have heard about ‘no win, no fee’ agreements that certain law firms offer existing and prospective clients. This type of arrangement is also known as a conditional agreement and government sources often refer to it as a conditional cost agreement. […]
Some (General Court) Decisions Put a SMILE on Your Face
We are used to decisions about non-traditional trade marks not deserving protection in the European Union, leading to the inevitable conclusion that non-traditional trade marks can be difficult to register and keep on the register. The recent McCain decision of the EU General Court seems to go in the opposite direction, providing some guidance on […]
How to deal with Self Care v Allergan – IPwars.com
Jackman J has dismissed The Agency Group’s claims of trade mark infringement and misleading or deceptive conduct / passing off against The North Agency. In doing so, his Honor was directly confronted with the problem arising from the High Court’s reasons in Self Care v Allergan. Some facts The Agency Group is a real estate […]
An AI is not an inventor after all (or yet) – IPwars.com
A strong Full Bench of the Federal Court of Australia has ruled that DABUS, an artificial intelligence, is not an inventor for the purposes of patent law. So, Dr. Thaler’s application for DABUS’ patent has been rejected. No doubt the robot will be back again and we can expect that an application for special leave […]
A case of design – IPwars.com
Burley J has ruled that Uniden’s XTrak mobile radio product would infringe GME’s registered design. Uniden had begun displaying in Australia images of its Xtrak product on its website and in its online shop, but was not yet selling the product. After an exchange of correspondence in which Uniden refused to disclose its proposed launch […]