Author: Clare Cunliffe

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

Designs – pleadings – whether must provide particulars of prior use similar to those required in patent proceedings

Trade Marks – opposition to PROCAT for apparel and clothing – sections 42(b), 44 and 60 based on CAT marks.

Trade Marks and Australian Consumer Law – termination and breach of Trade Mark Licence Agreement (“TMLA”) – trade mark infringement – misleading or deceptive conduct – false representations – use of CALTEX and STARCARD

Trade Marks – Corner – condition or limitation imposed on registration

Patents – extension of term – which ARTG registration may be relied on

Patents – method of diagnosis – manner of manufacture – sufficiency – fair basis – infringement

Copyright in plan of subdivision – interlocutory injunction application – balance of convenience weighted against grant of injunction

Patents – transfer of proceedings to Federal Court – overlap in subject matter – risk of inconsistent findings

Patents – amendment to overcome manner of manufacture objection – whether possible to overcome s 102 – whether the principle of finality should prevent iterative amendment applications

Trade marks – validity (s.41) – infringement – defences – s 122(1)(b)(i); s 122(1)(e); s 122(1)(fa)