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Due to a steady increase in jurisprudence created under the three most recent of Australia’s four major IP acts, and through ongoing amendment of the Patents Act 1990 (Cth) in particular, the Australian IP environment is becoming increasingly aligned with those of the world’s major IP jurisdictions
On 17 October 2011, the Full Court of the Federal Court of Australia unanimously upheld Justice Yates’ decision at first instance to dismiss the appellant’s claims of trade mark and copyright infringement and require two of the appellant’s trade marks to be removed from the Australian Trade Marks Register (“the Register”
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
