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Sydney restaurant reordered to cease using Heston Blumenthal's "Fat Duck"

Davies Collison Cave
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Australia
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March 5 2012

A recent decision by the Federal Court of Australia involving the owners of renowned international chef Heston Blumenthal's UK restaurant "The Fat Duck" reinforces the importance of complying with Court orders

Australian radio stations not required to pay copyright royalties to simulcast online

Davies Collison Cave
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Australia
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February 24 2012

The Federal Court of Australia has recently determined that a simulcast is a "broadcast" within the meaning of the term in the Copyright Act, and as such, falls within the scope of non-exclusive broadcasting licences issued to Australian commercial radio stations by the Phonographic Performance Company of Australia ("PPCA"

Testing the boundaries of "product information" exemptions to copyright infringement in Australia

Davies Collison Cave
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Australia
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November 30 2011

In the first decision to substantively examine recent amendments to the Copyright Act which now allow generic pharmaceutical companies to copy product information documents in prescribed circumstances, Justice Jagot of the Federal Court of Australia determined that the amendments apply to works which are "product information" as approved by the Therapeutic Goods Administration (regardless of whether the work accompanies an application for registration of a medicine under the Therapeutic Goods Act (TG Act

Overturned on appeal: Full Federal Court protects reputation in the get-up of Bodum coffee plunger

Davies Collison Cave
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Australia
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September 28 2011

On 5 August 2011, the majority of the Full Federal Court (Greenwood and Tracey JJ with Buchanan J dissenting) held that Bodum had acquired a distinctive secondary reputation in the shape and features of its Chambord coffee plunger, and that by failing to properly distinguish its look-alike product from the original, DKSH had engaged in misleading and deceptive conduct and passing off

Sanofi’s psoriasis patent gives Apotex a rash that it cannot scratch! Method of treatment claim found valid and infringed

Davies Collison Cave
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Australia
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September 28 2011

In a decision which considers both patent and copyright issues, the Federal Court recently found in favour of the patenteeoriginator, distinguishing between the purpose of administration and the result achieved in order to clarify construction of a method of treatment claim

Federal court: trade mark licence restraints can be wider than Trade Marks Act deceptive similarity

Davies Collison Cave
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Australia
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May 23 2011

The Federal Court has held that a contractual restraint prohibiting the respondent-licensee from using a mark similar to or capable of being confused with the licensed mark had a wider effect than what constituted infringement under the Trade Marks Act

When is money payable in IP transactions a “royalty” for the purposes of Australian withholding tax?

Davies Collison Cave
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Australia
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May 12 2011

The recent Federal Court of Australia decision in International Business Machines Corporation v Commissioner of Taxation 2011 FCA 335 is a useful reminder that payment provisions in distribution and licence agreements need to be carefully drafted so as to avoid unintentionally incurring withholding tax under the Income Tax Assessment Act 1936 (Cth) ("the ITAA"

Damages awarded for misuse of confidential information by former employees to create competing product

Davies Collison Cave
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Australia
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May 10 2011

The Federal Court has awarded damages to a RLA Polymers Pty Ltd, a flooring adhesives manufacturer, after finding that former employees who founded a competing company had misused confidential information to speed up their product development

Legal professional privilege and client legal privilege - what is legal professional privilege (LLP)?

Davies Collison Cave
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Australia
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April 12 2011

LPP is a legal right that protects from disclosure confidential communications (whether oral or written) between a lawyer and a client made for the dominant purpose of seeking or providing legal advice or for use in existing or anticipated legal proceedings

Federal Court revisits copyright damages principles in G-Star counterfeiting case

Davies Collison Cave
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Australia
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April 7 2011

A recent decision of the Federal Court concerning the sale of counterfeit "G-Star" branded clothing provides a useful summary of the principles governing damages awards in copyright infringement actions

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