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Intellectual Property

Scratch that: Australian Full Federal Court finds that AI systems CANNOT be inventors

On 30 July 2021, the Federal Court of Australia over-turned the decision of the Australian Commissioner of Patents, and instead found that an artificial intelligence (AI) system named DABUS could be the inventor of an Australian patent. BUT on 13 April 2022, the Full Federal Court reverted back to the outcome reached by the Commissioner … Read More

2022 – 2023 Budget – Key Takeaways for Small Businesses

On 29 March 2022, Treasurer Josh Frydenberg delivered the 2022-2023 Budget, described as ‘the next stage in leading Australia’s strong economy into the future’ following ‘the biggest economic shock since the Great Depression.’ The Budget labelled as its key focus areas: Safer Australia, Cost of living, Regions, Workforce, Women, and Essentials. Included amongst these are … Read More

THE FLAG IS FREE!

We are delighted to announce that the copyright in the Aboriginal Flag has been assigned to the Australian Government after they reached an A$20 million deal. The Aboriginal Flag is now free for public use in accordance with the same protocols as the Australian Flag, other than for commercial manufacturers of flags. Furthermore, the deal … Read More

There is no AI in Copyright, r-AI-ght?

By Maddison Reznik, Lawyer and Trade Mark Attorney It is a commercial reality that businesses want to improve efficiencies whilst retaining the best quality output. For some businesses, this means investing in artificially intelligent technology (“AI”). However, questions arise as to whether businesses will be giving up some benefits when recruiting AI to do their … Read More

Nike v Lil Nas X – Satan Shoes and the Issue of Brand Dilution from an Australian Lens

Lil Nas X recently caused more than a little controversy after he commenced distributing his personally-designed Satan Shoes, being Nike Air Max 97 runners altered (without approval) to feature a satanic theme (including allegedly adding red ink and human blood to the midsole). His efforts caught the attention of Nike, Inc., who then sued MSCHF … Read More

Calidad v Seiko: How you can only sell something once and how that might affect patent drafting

On 12 November 2020, a majority of the High Court of Australia in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 endorsed the “exhaustion of rights” doctrine in preference to the doctrine of “implied licence’, finding that the exclusive rights of the patentee – being to hire, use, sell, or otherwise dispose of … Read More

Eligibility rule changes for .org.au domain names

New domain name eligibility rules affecting the .au country code Top Level Domain came into effect on 12 April 2021. These rules will particularly affect unincorporated associations. Whereas net.au and .com.au domain names may be registered by commercial entities such as companies and businesses, .org.au domain names are reserved for ‘not-for-profit’ entities. The relevant licensing … Read More

A good news business story from 2020 – the continuing growth Eloments Organic Vitamin Tea

Amidst a universally acknowledged horrible year for new Australian businesses, it is nice to highlight the emergency of a business moving forward with new innovative products. Co-founded by Julie Hirsch and Nicole Lamond, Eloments Organic Vitamin Tea is one of the world’s first natural vitamin and mineral enriched brands, designed to provide customers an easy … Read More

TikTok, Parkinson’s Disease and a good-news story of Collaborative Innovation

A story of design innovation and ingenuity emerging from the video sharing app TikTok™ should not be as surprising as it first appears. Jimmy Choi, an American marathon runner and Ninja Warrior competitor, posted a video to social media site TikTok™ in late December 2020. Choi was diagnosed with Parkinson’s disease in 2003 and demonstrated … Read More

A look at IP Australia’s Indigenous Knowledge Project

IP Australia (i.e. Australia’s Patent, Designs, Trade Marks and PBR Office) recently released further details of its upcoming Indigenous Knowledge Project, including a Work Plan for 2020-2021. The Work Plan outlines several proposed initiatives for greater protection of indigenous knowledge and indigenous cultural expressions. Perhaps most immediately, IP Australia has forecast upcoming consultations on proposed … Read More

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