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Results: 1-10 of 11

Apotex appeal fails: no implied license over Sanofi's copyright in leflunomide product information

  • Davies Collison Cave
  • -
  • Australia
  • -
  • August 27 2012

The Full Court of the Federal Court of Australia has recently confirmed that Apotex did not have an implied licence to copy the Product Information (PI) for trade rival Sanofi's anti-arthritis drug, Arava (active ingredient leflunomide) for the purposes of obtaining TGA approval of Apotex's generic leflunomide products

Cartridge reseller ordered to destroy infringing printer compatibility charts if copyright appeal unsuccessful

  • Davies Collison Cave
  • -
  • Australia
  • -
  • June 30 2011

The Federal Court has confirmed that cartridge reseller, Tonnex, infringed the copyright subsisting in a compatibility chart developed by its competitor, Dynamic, and had contravened sections 53, 53 (c) and 53 (eb) of the Trade Practices Act ("TPA"

Full Court decides on appeal that a substantial part of “Kookaburra” was copied in Men at Work’s “Down Under”

  • Davies Collison Cave
  • -
  • Australia
  • -
  • June 21 2011

The battle between two iconic Australian musical works continued in the appeal proceedings before the full Court of the federal Court of Australia comprising Justices Emmett, Jagot and Nicholas

Full Federal Court agrees that copyright subsists in original printer cartridge chart

  • Davies Collison Cave
  • -
  • Australia
  • -
  • January 30 2013

In a continuation of a battle between two printer cartridge resellers, the Full Federal Court has affirmed the legal principles pronounced by the

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

  • Davies Collison Cave
  • -
  • Australia
  • -
  • 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"

Federal court: cartridge reseller copied compilation of printer compatibility and misled with ‘Australian product’ claims

  • Davies Collison Cave
  • -
  • Australia
  • -
  • May 2 2011

A recent dispute between two printer cartridge resellers has demonstrated the types of human effort that must be shown in the development of any compilation for which copyright protection is sought, as well as the types of product origin claims that Courts will consider to mislead and deceive consumers in contravention of the Trade Practices Act 1974 (Cth) (now the Australian Consumer Law

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

  • Davies Collison Cave
  • -
  • Australia
  • -
  • 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

EMI unsuccessful in "Kookaburra" copyright infringement appeal Down Under

  • Davies Collison Cave
  • -
  • Australia
  • -
  • April 7 2011

EMI has lost an appeal to the full bench of the Federal Court against an earlier ruling that Men at Work's famous pop anthem "Down Under" infringed the copyright in an iconic Australian nursery rhyme

TGA pharmaceutical product information loses copyright protection in Australia

  • Davies Collison Cave
  • -
  • Australia
  • -
  • May 31 2011

Further to our legal update in March, the Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 has been passed by both Houses of Parliament, and has received royal assent

Seeing double: Full Federal Court dismisses claims of trade mark and copyright infringement and orders removal of allegedly infringed trade marks for non-use

  • Davies Collison Cave
  • -
  • Australia
  • -
  • December 13 2011

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”