ILN IP Insider


iStock_000008787544SmallThere have been numerous recent developments in intellectual property (IP) law in Australia.

Below is a summary of some key developments. As with any international jurisdiction, IP law in Australia is complex and requires the expertise of an experienced specialist to navigate it correctly.


Following on from the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth), the Intellectual Property Laws Amendment Bill 2014 (Cth) recently passed the Australian Senate and will soon become law.

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The Upside of Federal Trademark Registration

You’ve created an amazing product or service with a super catchy brand name, and you are starting to make a profit.  Fairy tale ending, right? Not so fast there, budding entrepreneur/future mogul – you may have skipped a critical step – registering your brand with the United States Patent & Trademark Office (“USPTO”).

Why should I spend my hard earned money on a federal trademark registration, you ask? Oh I have heard it all: a) I’m just a small shop, b) it’s too expensive, c) there’s too much paperwork, d) insert additional suspect/weak excuses here.

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Canada: All the News – A Canadian IP Perspective

The Federal Court of Canada recently had occasion to consider a case involving both copyright and trademark issues with a distinctly international flavour. At issue was a Punjabi-language subscription daily newspaper called AJIT DAILY, published in India, and a free weekly newspaper published in Canada called AJIT WEEKLY. The Plaintiff’s AJIT newspaper started publication in India in 1955, and the AJIT WEEKLY publication was first published in Canada in 1993. Disputes between the parties had previously been decided by Courts in the United Kingdom and the United States.

In the case of Hamdard Trust v. Navsun Holdings et al, decided on November 26, 2014, the Federal Court decided the case by way of a summary trial, a format which was consented to by all of the parties.

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Canada: Combating Counterfeit Products Act Receives Royal Assent

On December 9, 2014 Royal Assent was given to Bill C-8, the Combating Counterfeit Products Act. The intention of Bill C-8 is to give the government and holders of trade-marks and copyrights new mechanisms for enforcement, along with substantial remedies, in order to combat counterfeit and black-market goods. Before the introduction of Bill C-8, Canada had been criticized for not having meaningful policies to combat the global problem of counterfeit trafficking which flowed across Canadian borders.

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