Category: IP and Trade Practices

Patents – manner of manufacture – s 102(1) – s 105

Intellectual property – copyright – infringement – separate questions

Copyright Infringement – Compensatory Damages – Additional Damages

Patents – interlocutory injunction – weak prima facie case – invalid extension of term – balance of convenience otherwise finely balanced

Patents – s 104 amendments – allowability of amendment excluding a compound not specifically mentioned in the specification prior to amendment but generally described – whether parties bound by findings made in substantive s 59 opposition

Trade marks – use in the course of trade – substantial identity or deceptive similarity – use of signs in relation to services – s 41 – s 102 – s 122(1)(a)(i) – s 122(1)(fa) – s 124 – Australian Consumer Law – s 18 – s 29(1)(g) – s 29(1)(h) – joint tortfeasor – aiding and abetting – knowingly concerned

In this case, the applicants sought certain declaratory and other relief which was, in substance, an application to the Federal Court to overturn orders made by the World Intellectual Property Organization (WIPO) in relation to a dispute in connection with the domain name “cars24.com.au” (Domain Name). The respondents challenged the jurisdiction of the Federal Court to grant the relief sought by the applicants, and filed an interlocutory application seeking dismissal of the proceeding.

Trade Marks – ACL – Passing off – default judgment for failure to comply with court orders

Copyright – ownership in video footage of yacht race

Copyright and defamation – preliminary discovery to determine identity of prospective respondent

Trade marks – summary judgment – infringement – respondent participated intermittently – no reasonable prospects of successfully defending claim – additional damages

Trade marks – appropriate form of injunctive relief consequent upon findings in principal judgment – costs – potential reduction

Copyright – request by expert witness to set aside Tribunal Direction requiring production of psychological testing materials – consideration of copyright protections and exemptions

Confidential information – former employee took preparatory steps to establish competitive business – duties and obligations to employer – implied duties of good faith and fidelity – fiduciary duties – ss 182 and 183 of the Corporations Act 2001 (Cth) – accessorial liability