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Foreign word trade marks: Cantarella granted application for special leave to appeal to High Court

  • Clayton Utz
  • -
  • Australia
  • -
  • March 14 2014

Can foreign word marks be inherently adapted to distinguish goods for the purposes of the Trade Marks Act 1995, even where the foreign language in

The ALRC report on Copyright and the Digital economy recommends broad fair use exception

  • Clayton Utz
  • -
  • Australia
  • -
  • February 14 2014

The ALRC's long-awaited report on Copyright and the Digital Economy, tabled in Parliament yesterday, makes key recommendations that all

"Whose interest is it anyway?" the Personal Property Securities Act and IP security interests

  • Clayton Utz
  • -
  • Australia
  • -
  • December 5 2013

Intellectual property owners and those who have security interests in their IP might not understand the full scope of the Personal Property

Methods of medical treatment patentable in Australia; infringement by cross-label use fact-dependent

  • Clayton Utz
  • -
  • Australia
  • -
  • December 4 2013

The High Court's finding this morning that a method of medical treatment can be a "manner of manufacture" and thus a patentable invention, is not

High Court rules on inadvertent disclosure of privileged material in discovery

  • Clayton Utz
  • -
  • Australia
  • -
  • November 21 2013

In the high-pressure context of litigation, errors can occur, but now the High Court has ruled on whether a party can undo an inadvertent disclosure

Is fair use coming to Australian copyright law?

  • Clayton Utz
  • -
  • Australia
  • -
  • June 6 2013

Australia's copyright laws could be in for a major shake-up, including the adoption of a US-style fair use exemption, if the proposals in the ALRC's

Lost in translation: when is a foreign word mark inherently adapted to distinguish?

  • Clayton Utz
  • -
  • Australia
  • -
  • March 18 2013

Foreign word marks can be inherently adapted to distinguish goods for the purposes of the Trade Marks Act 1995, even where the foreign language in

Court changes its tune on internet-streamed radio

  • Clayton Utz
  • -
  • Australia
  • -
  • March 5 2013

Copyright owners will be able to claim a separate royalty for their songs played in a radio program that is simulcast over the internet, following a

Federal Government responds to Convergence Review in part, with key issues left for another day

  • Clayton Utz
  • -
  • Australia
  • -
  • December 6 2012

The Federal Government's initial response to the Convergence Review Final Report deals with television broadcasting licence fees, Australian content requirements and the 75 audience reach rule

Nowhere to run for grey goods importers? Full Federal Court restricts parallel importation defence

  • Clayton Utz
  • -
  • Australia
  • -
  • November 22 2012

Any would-be importer of grey goods now needs to investigate carefully the circumstances under which the trade marks have been applied