It must be Christmas – there’s a copyright issues paper
IPwars.com
by war
1M ago
The Attorney-General has released a Copyright Enforcement Review: Issues Paper. The Issues Paper begins with a welcome recognition that copyright plays an important role in “Australia’s creative ecosystem and broader economy”: Copyright infringement may harm Australia’s creative ecosystem and broader economy by reducing or diverting income that creators of, and investors in, original material rely on for their financial sustainability. Copyright owners need to be able to take reasonable steps to protect and enforce their rights as part of a well-functioning copyright system. To this end, the ..read more
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Damages when the software vendor doesn’t deliver
IPwars.com
by war
2M ago
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 and install an upgraded project management and accounting system. The upgraded system was to be based on Microsoft Dynamics SL 2011. When installed, between 2014 and 2016, the system was defective. The defects related mainly to the module which was supposed to enable SEM ..read more
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Some talks (not me)
IPwars.com
by war
2M ago
Coming up to the end of the year, there are events on reforming patent litigation practice and domain name disputes in review. Patent litigation practice Calling it “A very IPRIA Christmas”, IP Australia and IPRIA are hosting on 7 December at 5:30 pm an end of year celebration exploring “a wish list of practice reforms for making patent litigation in Australia (including appeals from the Office) more expeditious and cost effective.” The event will be chaired by Justice Rofe and features Clare Cunliffe and David Shavin KC from the Bar and Lisa Taliadoros from the solicitors’ side of the profess ..read more
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Thaler (DABUS) is donged Down Under
IPwars.com
by war
2M ago
Last Friday, the clock finally ran out on Dr Thaler’s attempt to register a patent in Australia on the basis that the artificial intelligence, DABUS, was the inventor: the High Court refused special leave to appeal from the Full Federal Court’s ruling that an inventor must be a human being. Perhaps surprisingly, the High Court did not reject the application for special leave on the grounds that an inventor for the purposes of the Patents Act must be a human being. Rather, it dismissed the application on the grounds that it is not an appropriate vehicle for the determination of the issue. You w ..read more
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Aristocrat gets special leave
IPwars.com
by war
2M ago
The High Court has granted Aristocrat special leave to appeal the Full Federal Court’s ruling that Aristocrat’s application for an electronic gaming machine (EGM or “pokie”) was not patentable subject matter.[1] The patent application Aristocrat’s application is entitled ‘A system and method for providing a feature game’ – App. No. 2016101967; yet another problematic “innovation” patent. The Commissioner and Aristocrat were in agreement that the case rose or fell on the patentability of claim 1: (1) A gaming machine comprising: (1.1) a display; (1.2) a credit input mechanism operable to estab ..read more
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The ACIP Designs Amendments have been enacted
IPwars.com
by war
2M ago
On 10 September 2021, the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 received Royal Assent, becoming the 100th statute enaceted by the Commonwealth Parliament this year.[1] As the marvellously evocative title indicates, this Act amends the Designs Act 2003 to implement the recommendations of ACIP’s Review of the Designs System: Final Report from March 2015 which have been accepted. Two amendments come into force straight away. The rest (unless proclaimed earlier) come into force 6 months (and a day) later – 11 10 March 2022. Amendments with immediate effect ..read more
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DABUS Down Under take 3
IPwars.com
by war
2M ago
Following last month’s ruling in Thaler that an AI could be an inventor for the purposes of Australian patent law, the Commissioner of Patents has announced her intention to appeal the decision to the Full Court. Pursuant to s 158(2), the Commissioner requires leave to appeal. Bearing in mind that Beach J’s decision is the first substantive consideration anywhere in the world to accept that an AI could be an inventor for the purposes of the Patents Act, however, that should not prove too much of an obstacle in this case. Thaler v Commissioner of Patents [2021] FCA 879 ..read more
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Thaler: the robots have arrived DownUnder
IPwars.com
by war
2M ago
In what may well be a world first,[1] Beach J has upheld Thaler’s appeal from the Commissioner, ruling that an AI can be an inventor (or at least that someone who derives title to the invention from an AI can be an entitled person). Stephen L. Thaler applied for a patent, AU 2019363177, entitled “Food container and devices and methods for attracting enhanced attention”.[2] The application named the inventor as: DABUS, The invention was autonomously generated by an artificial intelligence The application was made through the PCT so, as a result, reg. 3.2C(2)(aa) required the applicant to prov ..read more
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Prof. Brennan on copyright in Australia
IPwars.com
by war
5M ago
Late last year, Prof. David Brennan published Copyright Law, Federation Press. Those of you who have heard David speak or read any of his wide ranging publications will no doubt appreciate that this is a book worth adding to your arsenal library. If you are not one of that fortunate number, perhaps you will be further encouraged by the words of one Hon William Gummow AC: Since its enactment more than 50 years ago, the 1968 Act has moved significantly from the classic structure of copyright laws. This is the product of judicial decisions and much legislative activity. The busy practitioner oft ..read more
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A case of design
IPwars.com
by war
5M ago
A case of design 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 date, GME sought an interlocutory injunction to restrain infringement of its registered design. Instead, Burley J listed the matter for early final hearing: 11 March 2022 – proceeding filed; 19 April 2022 – trial; 9 May 2022 – reasons for decisi ..read more
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