Intellectual Property
Not child’s play! What you need to know about the Children’s Online Privacy Code
18 June 2025
On 12 June 2025, the Office of the Australian Information Commissioner (OAIC) announced the release of its Issues Paper on the forthcoming Children’s Online Privacy Code (the Code).
Read on
Gene-ius at stake: who really cracked CRISPR in plants and animals?
3 June 2025
Many of our readers will have first heard of CRISPR-Cas9 a number of years ago.
Read on
Iconic? Making a song and dance about AI transparency
20 May 2025
In an open letter addressed to Prime Minister Keir Starmer, more than 400 of the UK’s most celebrated artists and creative leaders, including Elton John, Coldplay, Dua Lipa, Paul McCartney, and Shakespeare’s Globe, urged the UK Parliament to protect copyright, ‘the lifeblood of the creative industries.’ The icons expressed their support for an amendment to the Data (Use and Access) Bill that could have reshaped the relationship between the creative industries and AI developers by requiring AI companies to disclose which copyrighted works have been used to train their models.
Read on
Stop! In the name of interlocutory injunctions: lessons from 2024
17 March 2025
Interlocutory injunctions can be a critical tool to help protect intellectual property rights by restraining alleged infringement while a substantive infringement proceeding is run.
Read on
Game over: guidance on technological protection measures in Australia
5 March 2025
The Federal Court has recently clarified the circumstances in which TPMs are legally enforceable in Australia.
Read on
Feeling Bluey… Robert Irwin, Pauline Hanson, and Fred again..: an overview of use of likeness
27 February 2025
Last year Pauline Hanson delivered the much anticipated sequel to her satirical cartoon of Australian icons, Bluey and Robert Irwin. Irwin reportedly threatened to sue Hanson for defamation for the first instalment, but regardless of the outcome – it’s a reminder to carefully consider the risks of using a person’s likeness without their consent. This post explores use of likeness (and its relation to publicity rights) and its risks in Australia.
Read on
Substance over form(ulations)? An update on patent term extensions
18 February 2025
Two recent Federal Court decisions illustrate that term extensions are available for a broad range of patents, including formulation patents.
Read on
Eat your own words: Caporaso loses trade mark battle against Italian food hall Mercato Centrale
13 February 2025
The decision of Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156 demonstrates how important it is not to embellish the degree of use of a trade mark, as failure to do so could render the mark vulnerable to cancellation. It also provides useful reminders on why it is so important to consider trade marks a whole when registering a trade mark and how it could impact any potential trade mark infringement disputes in the future, as well as how the Federal Court treats non-English words used in trade marks.
Read on
Turned belly up: Aldi found liable for copyright infringement of competitor’s ‘Bellies’ brand
21 January 2025
On 17 December 2024, Moshinsky J handed down his decision in Hampden Holdings I.P.
Read on
Load More Posts