CLAW1001 Chapter Notes - Chapter 23: Dallas Buyers Club, Copyright Law Of Australia, Iinet

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28 May 2018
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CHAPTER 23: INTELLECTUAL PROPERTY
POLICY ISSUES IN PROTECTING INTELLECTUAL PROPERTY
IP refers to rights conferred by law for the protection of
creative effort and the economic investment that
underlies it = limited monopoly
o Property of your mind or intellect
Commonwealth has power to create laws:
o Copyright Act 1968 (Cth)
o Patents Act 1990 (Cth)
o Designs Act 2003 (Cth)
o Trade Marks Act 1995 (Cth)
Passing off and confidential information still embedded
in common law à former also in ACL
PART 1: TRADE DESIGNATIONS NAMES, MARKS AND LOGOS
BUSINESS NAMES AND COMPANY NAMES (ABN + ACN)
Compels people who dont carry on business under their own names to register = means by which their identity
and whereabouts can be readily ascertained
DOMAIN NAMES (ICANN)
Alpha numeric ‘name’ that corresponds with an Internet Protocol (IP) address + a unique 32-bit identification
number which directs users to a specific site
REGISTERED TRADEMARKS: ®
A trademark is, in most cases, a “device” (logo or artwork) or a word that distinguishes the G+S provided by an
enterprise
o Differentiate G/S from competitors
o Indicate source of G/S
o Represent and secure goodwill of enterprise
o Serve as a symbol of value or quality of the G/S
o Build brand loyalty
UNREGISTERED TRADEMARKS: TM
s18 ACL = passing off
PART 2: INNOVATION, INFORMATION AND CREATIVITY
REGISTERED DESIGNS
Designs: overall appearance of the product resulting from one or more visual features of the product
o Shape, configuration, pattern or ornamentation
§ Registration protects visual appearance + prevents others from using w/o agreement
o For designs w/ industrial or commercial use + ONLY for appearance NOT function
COPYRIGHT
Collection of rights conferred on the creators of literary, artistic, musical and dramatic works, sound recordings,
cinematographic films, television and sound broadcasts, published editions of works à 70 yrs
o Prerequisite: “originalà doesn’t require quality or style
o Form NOT ideas
3 major moral rights:
o Right of attribution of authorship
o Right not to have authorship falsely attributed
o Right of integrity of authorship
Dallas Buyers Club LLC v iiNet Limited [2015]
o DBC tried to obtain contact details of customers of internet providers who allegedly engaged in piracy
o Speculative invoicing = attempting to coerce parties to settle out of court rather than risk being sues
o Case thrown out due to amount of money being claimed
Defences:
o Fair dealing à research or study, criticism or review, parody or satire, reporting news
§ Four factor test for allowance of use of copyright material:
Purpose and character of use, including whether commercial or educational
Nature of copyrighted work
Amount and substantiality of portion used
Effect of use on potential market for or value of copyrighted work
o Statutory licenses for educational institutions are available
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Document Summary

Passing off and confidential information still embedded in common law former also in acl. Part 1: trade designations names, marks and logos. Business names and company names (abn + acn: compels people who don"t carry on business under their own names to register = means by which their identity and whereabouts can be readily ascertained. Domain names (icann: alpha numeric name" that corresponds with an internet protocol (ip) address + a unique 32-bit identification number which directs users to a specific site. Registered trademarks: : a trademark is, in most cases, a device (logo or artwork) or a word that distinguishes the g+s provided by an enterprise, differentiate g/s from competitors. Indicate source of g/s: represent and secure goodwill of enterprise, serve as a symbol of value or quality of the g/s, build brand loyalty. Unregistered trademarks: tm s18 acl = passing off.

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