Archive for the Australian IP Case Law Category

Emerging to fly

Posted in Australian IP Case Law on November 6, 2011 by 1place

Art takes many forms … and often provides a point of reflection:
The above was sent to me with a copy of the artist’s profile in this month’s “Craft Arts International” by Gordon Foulds who writes “… her portrait of well known local surfer Mark Occhilupo … delighted everyone who saw it”. She was also finalist in this year’s Portia Geach Memorial Award 2011 – Australia’s prestigious portrait exhibition for female artists – for a portrait of Ilia Saiki Chidzey titled a Designer in Contemplation.  The artist is Melissa Bates.

Where do lawyers come from – a narrative fallacy

Posted in Australian IP Case Law with tags , , , , , on October 15, 2011 by 1place

The perception of the lawyer is stated in today’s SMH as:

Many males went to all-boys private schools and males brief their mates …[1], so the story goes…

Has anyone ever looked at who practices law from a qualitative perspective – particularly looking at the range of practitioner’s backgrounds?  The newspaper story above would have us believe that the CV of most lawyers reflects a narrative that may not be true.

Take my private school life – it did not exist – actually, there were many periods in my primary school life where my schooling did not exist: I had long periods of absence either because of travelling or being too ill due to being bought up in a less conventional lifestyle – however, I still managed to attend over 10 schools (none private and including three universities).

This morning’s Guardian states “prospective lawyers must…do a law degree at 18 – which internationally is seen as an oddly young age to embark on a professional vocation“.[2]  The same applies for many Australian hopefuls wanting to enter the legal profession. Continue reading

Intangible assets – the new economic indicator

Posted in 1P, Australian IP Case Law, Design, Future, IP Protection, Patent with tags , , , , , , , , , , , , , , , , , , , , , , , , , on September 25, 2011 by 1place

Intellectual property has evolved from a collection of legal rights to now being a major asset that performs independently, when compared to other assets.  Has this evolution changed the way in which IP performs relative to economic change?

Last week the World Intellectual Property Organisation (WIPO) released statistics for each country’s registered IP trends against GDP and other indicators.  Registered IP includes patent, trade mark and design registrations.

These statistics show that the rate of growth of registered IP in the major economies have had a marked decrease: that is, the growth in the number of patents, trade marks and design rights filed has fallen from 2008 onwards.  WIPO’s mapping of registered IP filings against GDP, shows registered IP filings to be much more volatile and extreme when compared to change in GDP. Continue reading

The shape of things to come

Posted in 1P, Article, Australian IP Case Law, Design, IP Protection, Out of your mind with tags , , , , , , , , , , , on August 31, 2011 by 1place

Most of us are now familiar with the idea that a shape can gain protection as a registered trade mark. The Coca-Cola bottle is a famous example.

An Australian Federal Court decision this month (Bodum v DKSH Australia [2011] FCAFC 98) held that unregistered rights in features of a product’s shape can also be protected, if the shape itself has acquired a sufficient reputation.  FULL POST

David vs Goliath #1: Microsoft loses i4i Patent Case

Posted in Australian IP Case Law on June 12, 2011 by 1place

MICROSOFT CORP. v. i4i LIMITED PARTNERSHIP et al. Case No. 10-290. Decided June 9, 2011

We all love a David vs Goliath story, particularly when it acts as a parable to explain the laws, values and/or morals of society.  This David vs Goliath story seems to show how Patent law is clear and Goliaths such as Microsoft cannot assert patent invalidity without providing compelling evidence.  FULL POST

Paperless: by choice or force?

Posted in Australian IP Case Law on February 5, 2011 by 1place


Australia has had a tough Christmas with flooding in several states.  What can we learn from such natural disasters?  What can we do differently as a firm in light of these climatic events?

Time to change our law firm practices – the paperless revolution – the must do! -FULL POST>

On The Street: Graffiti series. #4

Posted in Australian IP Case Law, Photo on December 1, 2010 by 1place

Marrickville, Sydney NSW Australia