CLAW1001 Chapter Notes - Chapter 23: Dallas Buyers Club, Copyright Law Of Australia, Iinet
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 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
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: “original” à 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
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.
