Allens Arthur Robinson

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It will soon be possible for companies to register their own generic top level domain names, presenting an unprecedented opportunity for trade mark holders. However, there are significant technical requirements and costs involved and the number of domain name spaces that cybersquatters could use to capitalise on other people's trade marks could be significantly increased. Partner Tim Golder, Senior Associate Jesse Gleeson and Law Graduate Nadia Guadagno report

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A recent Federal Court decision that a franchisor engaged in unconscionable conduct towards its franchisees provides useful guidance to franchisors. The court found that the franchisor abused its position of strength to impose significant increases in fees payable by its franchisees. The case also examined the legality of a franchisor withholding its consent to assignment of a franchisee's interest unless the new franchisee executed a franchise agreement which gave the franchisor additional benefits. Partner Tim Golder, Senior Associate Robyn Chatwood and Law Graduate Ben Mee discuss the implications of the court's decision

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The Federal Court has ordered rock band Men at Work and its record label EMI to pay Larrikin Music 5 per cent of earnings from the iconic song Down Under over the illegal use of a riff from a nursery rhyme. Partner Miriam Stiel speaks to Boardroom Radio about the decision and whether it has created a new precedent for musicians and music labels

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Mars Australia has recently secured trade mark protection for a particular shade of purple, which it refers to as 'Whiskas Purple', for cat food. Partner Tim Golder talks to Boardroom Radio about the case and the difficulties and consequences of obtaining trade mark protection of colours

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The Code of Good Manufacturing Practice applicable to all manufacturers of medicines, including manufacturers of active pharmaceutical ingredients, will be updated from 1 July 2010. Senior Associate Ric Morgan and Law Graduate Saul Lazar look at what this entails

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The Federal Court has granted an interlocutory injunction restraining the use and publication of an advertising campaign. The decision is significant as it was held that there can still be copyright infringement where the same expression of ideas has been adopted albeit through the use of synonyms. Partner Tim Golder and Law Graduate Nadia Guadagno look at this important decision.

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.co domain names will soon be available for registration.Until 10 June 2010 some owners of registered trade marks can take advantage of a 'sunrise period' to submit a priority registration application. Partner Tim Golder and Senior Associate Jesse Gleeson look at what is involved.

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The Federal Government has released legislation amending the Franchising Code of Conduct that implements many of the Government's Expert Panel recommendations following its examination of franchising and unconscionable conduct provisions in the Trade Practices Act 1974.In short, there will be a greater burden of disclosure on franchisors. Partner Tim Golder and Senior Associate Robyn Chatwood discuss the changes.

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The High Court recently upheld an appeal against the removal of a word mark from the Trade Marks Register for non-use. Central to the High Court's decision was the finding that for there to be use of a mark in Australia, the owner need not have knowingly projected into Australia the goods to which the mark was applied. Senior Associate Peter Ryan and Lawyer Katherine McMahon look at this important case and its implications.

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We look at the consequences of inaccurate product packaging claims in two recent cases; new US fast food nutrition labelling laws and the likelihood that similar legislation will be introduced in Australia; a recent case involving two similarly branded enhanced water products and the last instalment in the Kit Kat shape mark saga

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A recent Federal Court 'Fast Track List' decision confirmed that use of a trade mark in a domain name, along with use of the trade mark on associated web sites, can constitute trade mark infringement. This list is an increasingly important part of a trade mark owner's arsenal in dealing with trade mark infringement and misuse of domain names. Partner Tim Golder and Senior Associates Jesse Gleeson and Mark Williams report

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments regarding intellectual property - including passing off, confidential information, patents, trade marks and copyright

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Some amendments under the Therapeutic Goods Amendment (2009 Measures No. 2) Act 2009 (Cth), the third in a series of legislative measures affecting therapeutic goods legislation, have recently commenced, with others coming into effect on 1 July 2010. The amendments affect scheduling procedures, the inclusion of medical devices in the Australian Register of Therapeutic Goods, advice on genetically modified organisms, and advertising and labelling. Partner Sarah Matheson and Lawyer Nikki Macor report

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The Federal Government has released the report of the expert panel appointed to examine proposals for regulation of the unconscionable conduct provisions in the Trade Practices Act 1974 (Cth), and agreed to clarify the provisions, and consider amending the Franchising Code of Conduct to require greater disclosure about franchise agreements and their risks. Partners Carolyn Oddie and Tim Golder and Senior Associates Robyn Chatwood and Alexander Gelis report

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New Federal Government laws, which commence on 1 March 2010, will require franchisors to register as an agent with the Tax Practitioners Board if they provide tax or business activity statement services assisting franchisees to meet obligations under tax laws such as those for GST, PAYG and FBT. Partner Tim Golder and Senior Associates Robyn Chatwood and Marc Johnston report

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A single judge of the Federal Court has held that copyright does not subsist in the White Pages and the Yellow Pages. Partner Jackie O'Brien and Lawyer Gary Lo report on a decision that has important ramifications for the copyright in compilations of factual information

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A Federal Court ruling that Men At Work's hit song Down Under infringed the copyright of popular folk tune Kookaburra sits in the old gum tree recognises that infringement occurs where a substantial part of a copyright work is reproduced, even if it does not amount to a substantial part of the other work. Partner Jim Dwyer and Lawyer Louise Chau report on the case.

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A highly anticipated Federal Court decision, finding that iiNet had not authorised copyright infringements committed by users of its services, has been handed down. This case has attracted global interest, and is the first in the world of its kind to reach hearing and judgment. Partner Andrew Wiseman and Lawyer Amanda Parks report.

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, copyright, patents and sponsorship/marketing

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The Full Federal Court's recent decision concerning the availability of extensions of term for pharmaceutical patents, particularly those claiming enantiomers, stands, following the High Court's rejection of a special leave application. Senior Associate Alexia Mayer reports

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The Federal Government has announced its response to the Report into the Franchising Code of Conduct by the Parliamentary Joint Committee on Corporations and Financial Services, and foreshadowed its changes to the regulation of franchise agreements. Partner Tim Golder and Senior Associate Robyn Chatwood report

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While a recent opinion of the Advocate General to the European Court of Justice indicates that use of another's trade mark as a keyword in search engine marketing will not, of itself, constitute trade mark infringement in Europe, the position in Australia remains unsettled. Lawyer Nicholas Tobias reports on the aggressive and defensive uses of search engine marketing that can promote or protect a business's reputation

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In the latest instalment of the long running UWA v Gray saga, the University of Western Australia has today sought leave to take its dispute with Dr Bruce Gray, a former Professor of Surgery at the university and founder of biotech company Sirtex Medical Limited, to the High Court. Partner Richard Hamer and Senior Associate Louise Brunero report.

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Welcome to Allens' update on food legislation, policy, news and cases.

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The Full Court of the Federal Court has confirmed that intellectual property rights in inventions made by a university professor in the course of his employment were owned by the professor and not the university - because, while he was under a duty to conduct research, he was not under a duty to invent.

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents and trade marks. Articles include 'Bavaria NV wins beer appeal', 'Utility requirements for Australian patents', and discussion of the interlocutory injunction in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth and the software copyright appeal decision in Software AG (Australia) Pty Ltd v Racing and Wagering WA

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Patentees can breathe a sigh of relief now that the Full Court of the Federal Court of Australia has unanimously overturned a controversial decision of a single judge of the Federal Court. Partner Chris Bird and Senior Associate Linda Govenlock report on the appeal decision, in which the Full Court affirmed that a divisional application may be saved by the grace provisions afforded by section 24(1) of the Patents Act 1990, provided that the parent application from which it was divided was a complete application filed within the 12-month grace period

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Federal Parliament is changing the regulation of therapeutic goods. The first of three Bills before Parliament, the Therapeutic Goods Amendment (Medical Devices and Other Measures) Bill 2008, received Royal Assent on 17 June 2009, and the others are likely to be passed during the next sitting. Partner Sarah Matheson and Senior Associate Ric Morgan report

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The social networking site Facebook has announced that its users will be able to create personalised web addresses (or URLs) for their profiles from tomorrow. These new personalised URLs create a similar exposure for trade mark owners to domain name registrations, which can be used to impersonate a company. As a result, Facebook will block unauthorised use of trade marks for owners who notify Facebook about their trade mark registrations. Senior Associates Nicky Shanks and Jesse Gleeson and Partner Jackie O'Brien look at how you can protect your IP

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IP Australia recently issued its first decision considering the new 'bad faith' ground of opposition which was introduced into the Trade Marks Act 1995 as section 62A in 2006. Partner David Yates and Senior Associate Nicky Shanks look at the guidance that this decision gives on the interpretation and application of this new ground in Australia

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In these challenging financial times, with the prospect of employee departures in difficult circumstances, businesses should consider how best to protect their intellectual property from misappropriation. Partner David Yates and Senior Associate Clare Young report

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The High Court of Australia has unanimously upheld an appeal by IceTV Pty Limited and IceTV Holdings Limited in IceTV Pty Limited v Nine Network Australia Pty Ltd, finding that Ice did not reproduce a substantial part of Nine's television program schedules in its electronic program guides. Partner Miriam Stiel, Senior Associate Amanda Andreazza and Lawyer Katherine McMahon report

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments

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The Federal Government has introduced draft legislation to create a scheme under which visual artists will receive a royalty on commercial resales of their works. Creators of artworks including paintings, drawings, sculptures and photographs stand to receive a 5 per cent royalty on all resales over $1000. Partner Jim Dwyer and Senior Associate Marina Lloyd Jones report on this development

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The Full Federal Court of Australia recently allowed an appeal by a US-based beverage company against an Australian competitor in a case that looked at the test that is to be applied when determining whether sufficient product recognition has been established in a relevant jurisdiction through indirect marketing. Partner Jim Dwyer and Law Graduate Joanne Been look at this important decision on brand reputation in Australia

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents, trade marks, designs and personal property. We also include important Christmas/New Year closure dates for IP registration services in Australia, New Zealand, Hong Kong and mainland China.

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The High Court recently granted IceTV Pty Ltd special leave to appeal the Full Federal Court decision in Nine Network v IceTV, foreshadowing a wholesale review of the extent to which factual compilations attract copyright protection. Partner Miriam Stiel and Lawyers Katherine McMahon and William Atkins report

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Some certainty and common sense has re-entered the Australian franchising industry with today's highly anticipated judgment of the High Court of Australia in Master of Education Services Pty Ltd v Ketchell. Partner Andrew Wiseman and Lawyer Tim Holden report

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The Federal Court recently decided that the intellectual property in inventions made by a university professor employed to conduct and stimulate research was owned by the professor - not the university - because he was under no duty to make inventions. Partner Richard Hamer and Articled Clerk Harry Evans report

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The Beijing Olympics 2008 is fast approaching and the world will soon be focused on this great sporting event. Our Sports Law Practice examines some of the legal issues that can arise in the sporting arena, and provides both companies and athletes with some tips on how to maximise involvement in the sports sector

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On 26 June 2008, the Internet Corporation for Assigned Names and Numbers approved recommendations that will allow for a significant increase in the number of generic top-level domains. Implementation of the recommendations will see the registration of generic top-level domains become far more accessible to corporations and communities. Partner Michael Pattison, Lawyer Adrian Fisher and Research Assistant Margaret Walsh look at what is involved

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With effect from 1 June 2008, auDA, the Australian Domain Name Administrator, has introduced a policy that removes most of the restrictions that previously applied to the transfer of .au domain name licences. The procedure for transferring .au domain names has also been simplified. Senior Associate Rebecca Sadleir discusses the changes

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In a welcome breath of commercial pragmatism, a Federal Court decision, handed down last week, has paved the way for a reversal of the Ketchell decision. Partner Andrew Wiseman explains

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments

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This case concerned two retailing interests using the same word mark in respect of overlapping goods and where one of the two retailing interests, which had obtained registration of the mark, commenced proceedings against the other for trade mark infringement.

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We look at the abolition of the duty of disclosure for patent applicants; the Sportsgirl trade mark case; the dangers of choosing marks of a general character; changes to the trade mark renewal grace period; and practice changes with regard to letters of consent in cases of conflicting marks

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In this edition: Partner Dr Trevor Davies and Law Student Elizabeth Sarofim report on the recent decisions of the New South Wales and Victorian governments to lift their four-year moratoria on the commercial cultivation of GM canola

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments

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In this edition: Partner Dr Trevor Davies provides an overview of the proposed changes to the patent rules governing the prosecution of patent applications in the United States, and of the recent legal challenge to the implementation of the rule changes

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Australia is considering entering into negotiations on a proposed international treaty aimed at combating global counterfeiting and piracy. Partner Miriam Stiel looks at the Anti-Counterfeiting Trade Agreement

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In this edition: Since early 2005, AAR Biotech News has been closely monitoring the Advisory Council on Intellectual Property's recommendation regarding patents and experimental use in Australia. Partner Dr Trevor Davies and Lawyer Ollie Evans provide a further overview of the proposed amendments to the Patent Act 1990 (Cth) to include an experimental use exemption

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Partner Annette Hughes and Senior Associate Rachel Nicolson provide an overview of the UN's draft Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines, released for public consultation in September 2007

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In this edition: Lawyer Rachel Darvey reports on the recent introduction of the Therapeutic Goods Amendment Act 2007 and how it impacts on the transition period for medical devices

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A recent Federal Court case considered the issue of when a distribution agreement or trade mark licence is also a franchise agreement and is, therefore, regulated by the mandatory Australian Franchising Code of Conduct. Partner Tim Golder and Lawyer Robyn Chatwood report on how the case clarified the factors relevant to a 'system or marketing plan' and detail the court's non-exhaustive list of considerations

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In the recent case of Brother Industries Ltd v Dynamic Supplies Pty Ltd, the Federal Court of Australia considered an unusual set of facts and held that the importation and sale of non-branded products, manufactured by the trade mark owner but imported and sold in counterfeit packaging, constituted trade mark infringement, misleading and deceptive conduct in breach of the Trade Practices Act 1974 (Cth) and passing off

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Changes to the duty of disclosure obligations for applicants and patentees of Australian patents have now been implemented. The requirement to inform the Australian Patent Office of the result of prior art searches conducted by overseas patent offices has now been substantially abolished. Partner Chris Bird and Patent Attorney Anthony Selleck report

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The release of new geographic domain names will give businesses an opportunity to register domains that reflect a geographic connection to their business. Senior Associate Jesse Gleeson and Articled Clerk Jeremy Collins report

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In this edition: Patent attorney and lawyer, Dr Rob Silberstein, provides an overview of contributory infringement in relation to patents in Australia, including a historical jurisprudential and legislative account of the issues raised by this vexed area of law

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In the final instalment of our three-part series examining the amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan addresses the price disclosure obligations and how the information will be used to further reduce the price of pharmaceutical benefits to government

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright and designs

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In Part 2 of our Focus: Pharmaceuticals series examining amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan examines the way the statutory price cuts operate and details the supply guarantee requirements

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We look at a case of anti-competitive conduct by doctors; the first set of standards issued by the Queensland Health Quality and Complaints Commission; and a question of discrimination in the provision of medical services

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In this edition: Partner Sarah Matheson and Articled Clerk Adel Mohamed provide a brief overview of follow-on biologics and the regulatory frameworks in the United States of America, Europe and Australia established to regulate this emerging class of therapeutic products

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The Commonwealth Parliament has passed legislation to amend the Pharmaceutical Benefits Scheme. In the first of a three-part series, Senior Associate Ric Morgan provides an overview of the changes and examines the new concepts introduced by the amendments

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In Ketchell v Master of Education Services Pty Ltd, the New South Wales Court of Appeal held that a franchising agreement was illegal because it contravened clause 11 (1) of the Franchising Code of Conduct. Partner Andrew Wiseman and Lawyer Andrew Dyer report on the major implications stemming from the decision for both franchisees and franchisors

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In this issue we look at proposed changes to the duty of disclosure; the design registrability of fonts; a patent infringement validity decision; trade mark examination for short marks; changes to the process for filing divisional trade mark applications; and linking of single class trade mark registrations

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The Federal Government's Office of Small Business has released its much anticipated amendments to the Franchising Code of Conduct. In some cases, the amended regulations, which commence on 1 March 2008, go further than both the recommendations of the Franchising Code Review Committee and the Government's initial response. Partner Tim Golder and Lawyer Robyn Chatwood report on the more significant changes and their impact on franchisors

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In this edition: Senior Associate Matt Ireland and Law Graduate Pat Crisp examine due diligence as it relates to the biotech industry

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In this edition: Partner Dr Trevor Davies and Trade Mark Lawyer Lara Gun outline the issues for trade mark adoption and protection

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In this edition: Technical Assistant Dr John Landells provides an overview of recently released Federal Government policy requiring all government agencies to establish and implement plans for the management of intellectual property

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments relating to patents, trade marks, copyright and designs

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In this edition: Lawyer Jacqueline Goodall reports on the outcome of three recent decisions by the federal Privacy Commissioner on the protection of health information under privacy law

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In this edition: Lawyer Adrian Coras provides an overview of some of the commercialisation strategies available to biotechnology companies

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We report on the duty owed by employers where workers are exposed to traumatic events; the right to access one's own health information; the meaning of 'exceptional circumstances' when applying the 80/20 rule; the extent of the duty to warn patients pre-surgery; and when a surgical procedure amounts to battery

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In this edition: Partner Dr Robert Smyth, of US law firm Morgan Lewis & Bockius LLP, and Allens Arthur Robinson Patent Attorney Dr Kathryn Sunn provide an overview of a recent US Patent and Trademark Office notice on restriction requirements in patent applications containing nucleotide sequences

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In this edition: Patent Attorney and Lawyer Dr Rob Silberstein provides an overview of the grace period provisions under the patent laws of various Australian and overseas jurisdictions and discusses a range of related patents issues

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Following the decision of Australia's High Court in Burge v Swarbrick last week, businesses may now be better placed to assess how to manage design rights and copyright in products that may be mass-produced. Lawyer Marina Lloyd Jones looks at the impact of the decision

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In late March 2007, the Department of Health and Aging released an exposure draft of the Therapeutic Products Bill 2007 (Cth). This is the first in a series of new laws that will significantly change the way therapeutic products are regulated in Australia and New Zealand by setting up a joint trans-Tasman scheme. Lawyer Przemek Kucharski summarises key aspects of the Scheme and the Bill

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Two significant changes to the schedule of patent fees; new trade mark, patent and design provisions now in force; and a look at upcoming conferences and events

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In this edition: Privacy Commissioner's biometrics recommendations in response to ALRC privacy review

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, trade practices, copyright and technology

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In this edition: Partner Dr Trevor Davies and Law Graduate Matt Vitins provide an outline of the recent Issues Paper released by the Advisory Council on Intellectual Property on its review of the enforcement of Plant Breeder's Rights in Australia

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In this edition: Partner Dr Trevor Davies and Technical Assistant Dr John Landells provide an overview of bio-prospecting of Australia's genetic heritage, including a review of Australia's new regulatory regime for controlling access to its natural resources

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In this edition: The operative provisions of the Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Act 2006 (Cth) commence on 12 June 2007. Partner Sarah Matheson and Articled Clerk Adel Mohamed provide a brief overview of changes brought about by the amending legislation that affects the status of therapeutic cloning in Australia

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In this issue we examine the role of the Professional Services Review; final and binding determinations made under the Medical Practice Act 1994 (Vic); recent amendments to stem cell legislation; and the treatment of a child without parental consent

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A new food descriptors guideline issued by the Australian Competition and Consumer Commission, coupled with two recent investigations by the ACCC regarding misleading packaging of food items, highlight the need for food manufacturers to be careful of the claims made on their packaging. Partner Belinda Thompson and Lawyer Alexander Gelis report

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Partner Chris Bird provides an update on progress in legislative reform of the Australian Patents Act 1990 (Cth) concerning exemptions to infringement of a patent for experimental use and crown use

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, trade practices, copyright and technology

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In this edition: Recent decisions concerning the law relating to patent term extensions for pharmaceutical patents may raise concerns for patentees. Partner Trevor Davies and Lawyer Jonathan de Ridder explain

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In this edition: Partner Sarah Matheson and Lawyer Emma Stacey provide a jurisdictional comparison of the 'springboarding' exception to patent infringement

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In this issue we look at the issue of witness immunity; a duty of care case; medical record ownership; and new or amended legislation

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In this edition: Partner Peter Allen and Lawyer Sean Massingham provide an overview of the upcoming provisions for the taxation of capital gains made by foreign residents set out in the Tax Laws Amendment (2006 Measures No. 4) Bill 2006

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In this edition: Partner Trevor Davies and Technical Assistant John Landells provide a jurisdictional comparison of the patentability of methods of treating humans

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In this edition: Partner Peter Allen and Paralegal Karla Drinkwater provide an outline of the Federal Government's scheme encouraging eligible Australian companies to increase their research and development activities by providing tax incentives

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In this edition: Lawyer Dominic Nguyen provides an update on the proposed introduction of an experimental use exemption in Australia. Since early 2005, Biotech News has been closely monitoring the Advisory Council on Intellectual Property's recommendations regarding patents and experimental use in Australia and, in particular, an amendment to the Patents Act 1990 (Cth) to include an experimental use exemption. IP Australia has now released a public consultation paper on ACIP's recommendations

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments

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The recent Full Federal Court appeal decision in Woolworths Limited v BP plc provides insight into the registration of colour trade marks based on acquired distinctiveness. Partner Andrew Butler and Articled Clerk Rosie Hooper report

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AAR Patent & Trade Marks Attorneys Partner Chris Bird reports on the potential impact of the Full Federal Court's decision in Grant on patent law in Australia and draws comparisons with the corresponding regimes in Europe and the United States

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In this edition: Patent Attorney and Lawyer Dr Rob Silberstein provides an outline of some of the available grants and concessions offered and/or supported by the Australian Federal Government

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In this issue we look at changes to the Queensland health system, the Community Services Obligation funding pool for pharmaceutical wholesalers and distributors, and a case concerning a parental dispute over the appropriate disposal of their deceased daughter

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The Intellectual Property Laws Amendment Bill 2006 proposes amendments that, if passed, will significantly widen the circumstances in which 'springboarding' by generic pharmaceutical companies is permitted under the Patents Act 1990 (Cth). Partner Sarah Matheson and Lawyer Emma Stacey report on the proposed expansion of the springboarding provisions in the Patents Act 1990 (Cth)

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In this edition: Special Counsel Karin Clark and Lawyer Andrew Ailwood provide an outline of the recent changes to the Privacy Legislation Amendment Bill 2006 (Cth) and its impact on genetic information

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In this edition: Lawyer Andrew Gun provides an outline of the recent changes to the Therapeutic Goods Advertising Code 2006, and the regulation of cosmetic chemicals with regard to antibacterial skin products

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A recent Full Federal Court decision has clarified the issue of what kinds of business methods can be patented. Patent Attorney Anthony Selleck reviews the decision

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The much-publicised copyright infringement litigation brought by the major record companies in the Federal Court of Australia in Sydney has been settled

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We look at changes to country-of-origin food labelling that could cost the Australian food industry $60 million, the mandatory introduction of iodine and folic acid fortified foods and an industry report on the fatty acid content in infant formula products

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In this edition we celebrate AAR Biotech News' fifth anniversary. Patent Attorneys Dr Kathryn Sunn and Dr Rob Silberstein and Patent Attorney and Partner Dr Trevor Davies provide an outline of the important news, changes and topics that we have covered over the past five years

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Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters

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In this edition: Patent attorney, Dr Kathryn Sunn, provides an outline of the first of three consultation phases on the proposed joint therapeutic products regulatory regime for Australia and New Zealand

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments

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In this edition: Special Counsel Karin Clark, Senior Associate Jacky Mandelbaum and Articled Clerk Matt Zaba discuss the changes introduced by the Therapeutic Goods Amendment Act (No.1) 2006

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In this edition, we look at the potential risks to a franchisor by establishing an online presence to the detriment of its franchisees, highlight a recently released report into franchisor failure in Australia, and look at the recently released Franchise Council of Australia Member Standards

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We look at the High Court's decision on 'wrongful life', access issues to information for assisted reproductive technology recipients and the UK Lillywhite case

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In this edition: Partner Richard Hamer and Lawyer Eloise Curry discuss recent developments in GM food regulation and labelling requirements

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In this edition: Special Counsel Karin Clark and Lawyer Tanya Vaysman discuss the privacy implications associated with developments in technology that provide for genetic and health data linkage

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In this edition: As reported in the previous edition of Biotech News, the Intellectual Property Laws Amendment Bill 2006 was introduced into the House of Representatives on 30 March 2006. Senior Associate Jonathan Gottschall and Patent Attorney Anthony Selleck outline the major amendments proposed by the Bill in relation to patent rights

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, passing off, copyright and domain names

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The Intellectual Property Laws Amendment Bill 2006 was introduced into the House of Representatives on 30 March 2006. If enacted, the Bill will amend the Patents Act 1990, the Trade Marks Act 1995, the Designs Act 2003, the Plant Breeder's Rights Act 1994 and the Olympic Insignia Protection Act 1987. Senior Associate Jonathan Gottschall, Patent Attorney Anthony Selleck and Trade Marks Attorney Peter Ryan report on the major amendments made by the Bill

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In this edition: AAR Partner Sarah Matheson and Law Clerk Fiona Galbraith discuss the relaxation of requirements in relation to the submission of patent certificates as part of an application to register many types of therapeutic goods in Australia

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In this edition: AAR Articled Clerk Martin Hecht and Partner Michael Dowling review current issues in the pharmaceutical patent area

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In this edition: AAR patent attorney and lawyer Dr Rob Silberstein reviews the recent report on the agriculture and food sector and GM Moratoriums in Australia

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We look at whether PPPs could help alleviate the infrastructure crisis in Queensland Health; the recommendations of the Lockhart Review on embryo research legislation; the court assessing a doctor's standard of care in relation to the Trade Practices Act; and an update on the AB v Attorney-General of the State of Victoria case

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In this edition: AAR lawyer Andrew Gun and partner Sarah Matheson review the recent report on regulation of cosmetic chemicals in Australia

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In 2005, Allens Arthur Robinson acted for the Melbourne 2006 Commonwealth Games Corporation (M2006) in a dispute over the registration of five domain names by a company based in Victoria, Australia. The dispute was decided by the World Intellectual Property Arbitration and Mediation Center (WIPO) in June 2005 and the domain names were subsequently transferred to M2006. Partner Tim Golder, Lawyer Andrew Fuller and Articled Clerk Stuart Hohnen explain

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Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' end-of-year round-up of news, notices and features on patent, design and trade mark-related matters

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In this edition: AAR Partner Maryjane Crabtree provides an invaluable product liability checklist for the biotechnology industry

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks and copyright

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In this edition: Allens Senior Associate Caroline Ryan discusses the recommendations of the Final Report on Patents and Experimental Use in Australia released by the Advisory Council on Intellectual Property

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In this edition: Senior Associate Caroline Ryan overviews the Consultation Draft for the National Framework for the Development of Ethical Principles in Gene Technology

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In this edition: Senior Associate Lorien Beazley looks at the new sanctions (including criminal sanctions and personal liability for officers) planned for manufacturers of therapeutic goods who breach the therapeutic goods regulatory regime

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In this edition: Patent attorneys Dr Kathryn Sunn and Dr Rob Silberstein report on the recent NSW AusBiotech Conference held on 1-2 September 2005 at the Powerhouse Museum, Sydney

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Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters

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The Federal Court has delivered its much anticipated judgment in the Kazaa case, which considered a range of complex technical and legal issues under the Copyright Act 1968

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In this edition: Senior Associate Caroline Ryan outlines the recent Federal Court decision that held Mayne's chemotherapy cancer drug infringed an Australian patent owned by Pfizer subsidiary, Pharmacia Italia

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In this edition: Senior Associate Lorien Beazley provides an overview of ClubBio2005: Fever at the Frontline

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In this edition: Lawyer Clare Cunliffe reviews the Australian Health Minister's Advisory Council's new draft model for the scheduling of drugs and poisons in Australia.

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In this edition: Senior Associate Caroline Ryan provides an overview of the APVMA's Guidelines for the Registration of Biological Agricultural Products.

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In this edition: Partner Sarah Matheson and Lawyer Caroline Ray outline the Term of Reference for the Review of the operations of the Gene Technology Act 2000 and the Intergovernmental Agreement.

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, domain names, copyright and designs

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Music studios and record labels had a major victory in their continuing war against unauthorised use of their materials, following a recent US Supreme Court decision. Partner Michael Pattison and Lawyer Jesse Gleeson report

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In this edition: The existing pharmacy location rules and their oversight by the Australian Community Pharmacy Authority, which were due to expire on 30 June, will now continue until 31 December 2005. Michael Dowling discusses.

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The Full Federal Court has issued the latest statement on the assessment of 'reproduction' of a 'substantial part' of a television broadcast by another television network. Partner Tim Golder and Lawyer Andrew Fuller report.

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In this edition: Lawyer Tanya Vaysman and Senior Associate Caroline Ryan outline the key recommendations of the Review of the Australian Arrangements for Clinical Trials and Access to Unapproved Therapeutic Goods.

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In this edition: Partner Philip Kerr and Lawyer Clare Cunliffe discuss the implications for Australian patent law of a recent Federal Court decision by Justice Merkel in relation to the validity and alleged infringement of Queens University's patent for the treatment of skin cancer and other skin lesions by photodynamic therapy.

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In this edition: Senior Associate Caroline Ryan gives an overview of the regulatory framework for the assessment and registration of pesticides and veterinary medicines in Australia

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The Federal Court has ruled that foreign-based websites must specifically target or be directed at Australian customers before the court will find liability or grant relief for claims of trade mark infringement or passing off. Partner Philip Kerr and Senior Associate John Butt report

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In this edition: Partner Andrew Wiseman and Lawyer Clare Cunliffe look at recent cases on employee inventions and identify some common pitfalls encountered by employers

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Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters

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Lawyer Andrew Cameron and Partner Peter James discuss the NHRMC's submissions to the current review of Australia's privacy regime

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Senior Associate Caroline Ryan discusses basic commercialisation strategies for research

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AAR Senior Associate Caroline Ryan provides an overview of the Options Paper on Patents and Experimental Use in Australia, released for discussion purposes by the Advisory Council on Intellectual Property.

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Partner Michael Pattison and Senior Associate Ken Shiu look at the changes to the Australian Copyright Act in relation to safe harbour provisions for Internet service providers

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Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' end-of-year round-up of news, notices and features on all patent, design and trade mark-related matters

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In a recent case, the Australian Federal Court held the practice of patent 'evergreening' is not allowable in Australia. In this edition, Patent Attorney Anthony Selleck and Partner Dr Trevor Davies review a recent case and consider its implications on protecting inventions.

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In this edition, Patent Attorney Kathryn Sunn and PTA Partner Dr Trevor Davies review Australia's premier biotechnology conference, AusBiotech 2004 'Going Global', held in Brisbane earlier this month.

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We look at 'widely accepted' medical practice in terms of medical negligence; anti-competitive behaviour against Australian doctors in NZ; a case that clarifies medical treatment versus palliative care; exclusive services referrals in NSW hospitals; and medical confidentiality in the face of litigation

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A recent case confirms that colours or colour combinations can be valid trade marks, although applications are more likely to succeed if they can be connected to a distinctive shape of goods. Trade Marks Attorney Kimberley Trainor reports

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In this edition, AAR Lawyer Anne Donaldson reviews the meeting of World Intellectual Property Organization delegates that examine proposals for the protection of traditional knowledge and folklaw

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In this edition, AAR Partner Philip Kerr and AAR Lawyer Clare Cunliffe look at the proposed scheme to introduce a trans-Tasman therapeutic goods authority

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In this edition, Allens Lawyer Alexia Mayer and Allens PTA Partner Dr Trevor Davies provide an overview of the Australian Law Reform Commission's report, Genes and Ingenuity: Gene Patenting and Human Health

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the Australia-US Free Trade Agreement and its impact on Australian legislation regarding patents, therapeutic goods, copyright and geographical indications. We also review two recent trade mark cases.

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In this edition, Partner Philip Kerr and Lawyer Clare Cunliffe look at the details and the effect of the US Free Trade Implementation Act 2004 (Cth) as it applies to therapeutic goods

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Our feature article this edition: Lawyer Alison Rush summarises the objectives of the Biodiscovery Act 2004 (Qld) and discusses how the new regulatory scheme will operate in practice.

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Our feature article this edition: Patent Attorney Dr Kathryn Sunn reviews a recent Australian Patent Office decision providing an interpretation of what constitutes a 'human being' and 'biological processes for the generation of human beings' with regard to exclusion for patenting purposes

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Our feature article this edition: Lawyer Anthony Selleck examines a recent appeal of the European Patent Office decision to allow disclaimers within patent specification as a means to overcome prior art to obtain an European patent

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Our feature article this edition: we assess the rights to Intellectual Property developed between employer and employee and how contractual arrangements and policies provide the required IP protection

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Our feature article this edition: we review the legal issues that surround the regulation of scheduled drugs

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Our feature article this edition: Lawyer Clare Cunliffe and Partner Dr Trevor Davies discuss the laws governing the agricultural cultivation of genetically modified crops in Australia.

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Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' mid-year round-up of news, notices and features on all patent, design and trade mark-related matters

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Our feature article this edition: the ASX has recently drafted the Code of Best Practice for Reporting by Biotechnology, Medical Device and other Life Sciences Companies to govern biotechnology reporting methods. Lawyer Mark Malinas provides an overview of the proposed framework and impacts on listed Biotechnology companies.

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Our feature article this edition: we discuss a recent US Federal Court of Appeal case which highlights the difficulties universities and early-stage researchers may experience in obtaining commercially-valuable patent coverage

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In a first for Australia, the Federal Court has granted an injunction to stop a breach of privacy law. Partner Ian McGill, Special Counsel Karin Clark and Articled Clerk Banjo McLachlan report on the implications for all businesses covered by the National Privacy Principles, including call centres, telemarketers and businesses with large customer databases

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Our feature article this edition: How broadly can an invention be claimed as tangible IP? AAR Lawyer Anthony Selleck reviews recent proceedings that highlight the importance of patent claim disclosure in protecting the intellectual property it encompasses

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Telecommunications providers and broadcasters alike will soon be dealing with a new industry super-regulator, the Australian Communications and Media Authority. Lawyer Tom Reid and Partner Ian McGill report

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In this issue we report on the NSW Court of Appeal's rejection of a 'wrongful life' claim, gene patenting, proposed changes to the Disability Discrimination Act, the impact of the US-Aust Free Trade Agreement on the health sector and, the ACCC's continued monitoring of health funds.

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Our feature article this edition: Transfer pricing, intellectual property and advanced pricing agreements: we consider how business taxpayers can protect themselves

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The Federal Government has recently confirmed its commitment to the anti-siphoning scheme by announcing its intention to revise the sporting events on the anti-siphoning list. Senior Associate Raani Costelloe and Lawyer Louise Banyard report that it also proposes to double the time period for automatic de-listing of events from the list from six to 12 weeks

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What is the width of the definition of a royalty, and what can transfer pricing issues and advanced pricing agreements mean for business taxpayers? Senior Associates Monica Jordan and Marc Johnston look at these questions and provide some suggestions as to what taxpayers should consider if the Australian Taxation Commissioner contacts them with questions regarding their intellectual property dealings

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Our feature article this edition: Business Development Lawyer Anne Donaldson highlights AAR's contribution to the upcoming Australian Innovation Festival: a series of free seminars for technology commercialisation companies

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Philip Macken, Partner of Allens Arthur Robinson Patent & Trade Marks Attorneys, outlines some recent developments in the Madrid Protocol and Community Trade Mark registration process that will make it easier and cheaper to obtain trade mark protection in international markets

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Our feature article this edition: After several years of negotiation and consultation with the therapeutic goods industry, the Australian and New Zealand Governments have formally agreed to establish a single trans-Tasman therapeutic goods agency, following the model of Food Standards Australia New Zealand. Partner Annette Hughes and Articled Clerk Susannah Downie look at the new regime and its likely impact

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Partner Richard Hamer and Law Clerk Tom Reid examine the potential changes the Australia-United States Free Trade Agreement will have on the pharmaceutical industry

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Our feature article this edition: Intellectual property is a class of specified intangible asset that qualifies as a depreciating asset under the tax legislation and for which a deduction may be available. According to press reports, an Australian pathology company has claimed their patient records as intellectual property for the purpose of claiming a tax deduction under the capital allowances provisions.

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on how the Australia-US Free Trade Agreement will impact on intellectual property. We also review the latest cases and legislative developments affecting patents, designs, trade marks, domain names, copyright, and practice and procedure

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Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on all patent, design and trade mark-related matters.

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The High Court has handed down its ruling on the extent of copyright protection in television broadcasts. Partner Jackie O'Brien, Senior Associate Miriam Stiel and Law Graduate Brendan Plant report

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Our feature article this edition: AAR Senior Associate Caroline Ryan provides an overview of Discussion Paper 68: Gene Patenting and Human Health, released by the Australian Law Reform Commission as part of the current Inquiry into the impact of patenting genetic materials and related technologies on research and healthcare

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Our feature article this edition: Recent claims of successful human cloning and ever advancing research tools and techniques prompt international bodies to continually review human cloning and associated stem cell research legislation. Lawyer Melissa Foong compares current legislative measures enforced by different jurisdiction

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Our feature article this edition: Australia proposes a US style 'ANDA' scheme to deal with patent disputes between the originators of new medicines and generic manufacturers, if the recent US Australia Free Trade agreement is implemented. It also proposes to speed PBS listing of new medicines

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The recently announced agreed text of the Free Trade Agreement between the United States and Australia has major implications for the sectors of the Australian economy and society that focus on intellectual property, telecommunications, media, entertainment and electronic commerce. Partner Paul Zawa and Senior Associates Raani Costelloe, John Dieckmann and Rachel Nemes report.

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Our feature article this edition Amendments to US patent laws enacted as part of the US Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Medicare Drug Act) on 8 December 2003 will have implications for both originator and generic pharmaceutical companies in the US marketplace. Title XI of the Medicare Drug Act

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Welcome to this end-of-year edition of our round-up of news, notices and features on all matters patent, design and trade mark-related

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Our feature article this edition is the final article in our series on research collaborations, Lawyers Grant Howden and Sarah Murray and Articled Clerk Wei-Ee Cheah consider the tax implications of biotechnology research collaborations

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Our feature article this edition is part three of our series on research collaborations, lawyer Anne Donaldson discusses strategies to commercialise the fruits of the collaboration

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Our feature article this week is a report from Senior Associate, Lorien Beazley on last week's ClubBio2003. ClubBio is an annual conference for the Queensland biotechnology industry. Under the theme Passion, People & Products and at the Gold Coast last Friday the industry reflected on the last 12 months

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Our feature article this week is the second in a series that looks at structuring research collaborations in Australian biotechnology. In this edition Lawyer Jacky Mandelbaum looks briefly at the structure of research collaboration agreements and in detail at the protection of intellectual property rights

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Our feature article this week is the first in a series that looks at structuring research collaborations in Australian biotechnology. In this edition Partner Tony Pyman and Lawyer Tamsin Hone consider the advantages and disadvantages of two alternative collaboration structures: incorporated joint ventures and unincorporated joint ventures

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Welcome to AAR's update on food legislation, policy, news and cases. Feature article: From junk food to junk lawsuits

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Our regular roundup of developments in this fast-moving industry. Feature article: Following recent changes to the Therapeutic Goods Act which widened the definition of therapeutic goods under the Act, lawyer Clare Cunliffe and partner Guy Foster discuss the regulatory process in relation to therapeutic goods and the claims that can be made in relation to therapeutic goods

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Our regular roundup of developments in this fast-moving industry. Feature article: Lawyer Alice Hume looks at the amendments to the Therapeutic Goods Act 1989 which provide clarity and certainty for manufacturers, consumers and regulators at the food-medicine interface

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Our regular roundup of developments in this fast-moving industry. Feature article: Senior Associate Jeff Bergmann makes some observations on the GTG DNA patent controversy

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Our intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting patents, copyright, IP protection, trade marks, the Internet and designs

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AAR's occasional round-up of news, notices and features on all matters patent, design and trade mark-related

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The United States Court of Appeals for the Ninth Circuit recently held that the unauthorised creation and use of 'thumbnail' images in an Internet search engine was not actionable by the owner of copyright in the images. Lawyer Anthony Selleck reports on the case

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Our regular roundup of developments in this fast-moving industry. Feature article: Senior Associate Duncan Bucknell considers the recent US decision in Madey v Duke regarding the defence to patent infringement of non-profit experimental research, and the Australian implications of the decision

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Welcome to our pharmaceutical law update - this page gives you a summary of the latest significant amendments to the CommonwealthTherapeutic Goods Act 1989 and the Therapeutic Goods Regulations 1990

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Our regular roundup of developments in this fast-moving industry. Feature article: Articled Clerk Tom Reid examines the recently released final version of the Australian Law Reform Commission report Essentially Yours: The Protection of Human Genetic Information in Australia, and how it deals with some of the issues raised during its drafting.

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Our regular roundup of developments in this fast-moving industry. Feature article: AAR takes a look at the upcoming launch of Australia's new National Neuroscience Facility, to be celebrated by a week of activities in Melbourne under the banner of Brain and Mind: Innovate. Integrate. Inspire

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Our regular roundup of developments in this fast-moving industry. Feature article: Senior Associate Lorien Beazley and Partner Dr Trevor Davies were in Washington D.C. for Bio 2003

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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the commencement of the Parallel Importation provisions of the recently passed Copyright Amendment (Parallel Importation) Bill. We also review the latest cases and legislative developments affecting patents, trade marks, designs, copyright, the Internet, domain names and stamp duty

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The Copyright Amendment (Parallel Importation) Bill 2002 was passed by the Federal Parliament on 27 March. Parallel importation means the importation into Australia of legitimately made ('non-pirate') copyright subject matter for commercial use without requiring the permission of the Australian copyright holder. Partner Jim Dwyer, Senior Associate Miriam Stiel and Law Graduate Prataal Raj report

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The High Court of Australia has just ruled that the Federal Court had asked the wrong questions on the issue of 'obviousness' in relation to patents revocations. The High Court found that if the right question was asked, the invention was not obvious. Partner Michael Dowling and Lawyer Cynthia Cochrane look at this important decision

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Our intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting patents, trade marks, designs, copyright, food labelling, anti-piracy, the Internet and legal professional privilege

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This paper was the topic of the third seminar in AAR's monthly 'How to...' Intellectual Property seminar series. Chris Bird, Special Counsel at Allens Arthur Robinson Patent & Trade Marks Attorneys, outlines the timetable for a patent filing program, explains what costs you face at the major decision points, and spells out the options available to ensure you're getting the most cost-effective protection

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Partner Tim Golder and Lawyer Ben Arnall summarise the legal and practical steps to protect your brand from piracy. This paper was the topic of the second seminar in AAR's monthly 'How to...' Intellectual Property seminar series

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This paper was the topic of the first seminar in AAR's monthly 'How to...' Intellectual Property seminar series. Senior Associate Jeff Bergmann summarises the essentials of a good internal IP policy in five steps, while Special Counsel Dr Carolyn Rolls details an effective IP Capture Review

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A recent decision by the Full Federal Court to allow the registration of a three-dimensional, bug-shaped confectionery item has significant implications for existing and future shape trade mark applications in Australia

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Our intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting copyright, patents, passing off, the Internet and trade marks

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auDA, the Australian domain name administrator, has approved a new domain name policy which is expected to come into force on 1 July this year. The new policy delivers greater flexibility but at a risk

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Our intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting patents, copyright, trade marks and the Internet

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AAR Intellectual Property lawyers Andrew O'Keefe and Ben Arnall look at the legal and practical measures you can take to protect your brand

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Our intellectual property lawyers and patent and trade marks attorneys bring you a roundup of the latest cases and legislative developments affecting patents, copyright, trade marks and the Internet

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From 1 October 2001, franchisors must comply with new disclosure requirements, following amendments to the franchising industry's code of conduct. Partner Tim Golder and IP Communications and Technology Lawyer Amanda Neil look at these and other changes to the Code

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We explain how the Federal Government expects Public Key Infrastructure to improve the flow of information while maintaining security and confidentiality. We also consider moves afoot for the corporatisation of general practitioners and examine how the ACCC made a stand against unconscionable conduct

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This roundup looks at a landmark ruling on IT-based business models and protecting your patent in the US, discusses the best time to file for a patent, and more

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auDA, the .au Domain Administrator, recently approved the recommendations of its Name Policy Advisory Panel on domain name registration policy in .au (including com.au). The new policy is intended to be implemented as part of the introduction of competition within the .au space generally, expected later this year

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We give an overview of the Federal Government's plans for a new designs registration system for Australia

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Robert Cooper looks at the Federal Court's landmark decision on patent protection of Smartcard business method technology

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The Internet Corporation for Assigned Names and Numbers has signed agreements to introduce two new global Internet Top Level Domains in competition with .com.

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Following changes to the Copyright Act, authors and creators of works have gained new 'moral rights' over their work. They now have a right not to have their work treated in a derogatory way, and a right to be identified as the author

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This roundup discusses new laws on petty patents, looks at websites that use trade marks in a misleading way, and more

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The Patents Amendment (Innovation Patents) Act 2000 (Cth) which comes into effect on 24 May 2001 will replace the petty patent system with new innovation patents

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Given the current confusion over business method patents you could be forgiven for believing the headline above. But it's unlikely such a patent would be granted under current Australian law

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The Copyright Act 1968 has finally been overhauled to deal with the digital revolution in computer and network technologies which has taken place over the last decade

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In this update, we look at ambush marketing during the Olympic games, discuss the Madrid Protocol and more

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Are your trade marks being infringed on the Internet? Is your web page a law suit waiting to happen? We examine the issues

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We report on a recent court action to protect the name of the cricketer Sir Donald Bradman

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We examine how you can protect the shape of your products; legislative changes in five areas that affect intellectual property rights; a recent case in which Nike sought expungement of two trade mark registrations for the word 'Nike' belong to Campomar Sociedad Limitada; and more

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We take a look at the Patent Law Treaty which was ratified on 2 June 2000 following a meeting of member states of the World Intellectual Property Organisation in Geneva

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We examine ICANN's response to the cybersquatting problem; the risk that your new logo, registered as an Australian trade mark, could infringe copyright in another person's logo; how a trade mark that's similar to another company's can be a problem, even if you're not in the same business; and what the Taxol case means for patents for methods of treating humans

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Corresponding Australian patent applications for the Amazon.com and Priceline.com systems are pending. Even if Australian patents are not ultimately granted, the US patents may allow their owners to take action against Australian traders taking orders from US residents via the Internet

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One of the emerging tools of business is the collection and use of information about individuals. As more and more businesses move to the Internet, the collection and dissemination of this information is easier than ever before

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In this issue we look at new moral rights for authors; new rules expanding legitimate software copying; the risk that e-commerce solutions infringe existing patents and the need to protect genuinely new solutions; and the dangers of transferring trade marks to prevent parallel importation

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We consider the Woolworths trade marks case; whether the licensing of intellectual property is anti competitive; a compulsory scheme regulating the release of genetically modified organisms; how you should claim protection for any Y2K statements; and how to avoid invalidating a valuable trade mark when it's sold

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In this issue, we examine changes to the Copyright Act covering broadcasts; ambush marketing of sports stars in the run up to the Olympics; extensions of the term of pharmaceutical patents; and brand protection through the seizure of fakes