Charles Davies

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Quality, not quantity, the key to inventorship

Quality, not quantity, the key to inventorship

14 February 2014
By Charles Davies
Neobev Pty Limited v Bacchus Distillery Pty Limited (Administrators Appointed)[1], a decision of Besanko J of the Federal Court published earlier this year, provides insight into the vexed question of joint inventorship – just what does it mean to be a joint inventor of an invention that is the subject of a patent?
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A Textbook Copyright Dispute – SCOTUS Rules Against Publishers

A Textbook Copyright Dispute – SCOTUS Rules Against Publishers

4 April 2013
By Charles Davies
The Supreme Court of the United States of America decided 6 to 3 this week that a person who owns copyright in a book subsisting under US law cannot restrict the importation and resale of legally produced foreign copies, in the landmark decision Kirtsaeng v John Wiley & Sons, Inc. 568 U.S. ___ (2013) on the US doctrine of “first sale”.
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A Clause For Concern? Arbitration clauses and third-party IP claims

A Clause For Concern? Arbitration clauses and third-party IP claims

4 April 2013
By Charles Davies
The Supreme Court of British Columbia recently considered a dispute over a software agreement where a licensor refused to indemnify a licensee for the licensee’s settlement of an intellectual property claim brought against the licensee by a third party. The licensor pointed to the licensee’s failure to give prompt notice of the third party claim and failure to take the dispute between them to arbitration as required in their agreement (cross-claiming against the licensor in the IP lawsuit instead).
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