Licensing Year in Review

Check this page regularly for Solubility’s latest updates on licensing in Australia.

Neither Warm feelings, nor Love, in the air

Neither Warm feelings, nor Love, in the air

May 8, 2020

Background ‘Love is in the Air’ (Love) was composed in 1977 by iconic duo Harry Vanda and George Young, made famous in 1978 by John Paul Young, and attained heightened fame in 1992 when it featured in Baz Luhrmann’s Strictly […]

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Georgia et al. v. Public.Resource.Org, Inc. USSC 27 April 2020

Georgia et al. v. Public.Resource.Org, Inc. USSC 27 April 2020

April 28, 2020

Overnight the USSC handed down its decision on a case we posted about late last year (see here) with five Justices finding that copyright protection does not extend to annotations in GA’s official annotated code, on the basis that legislators […]

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Spicing up IP

Spicing up IP

April 21, 2020

For most Australians “VB” conjures up images of an Aussie backyard BBQ, cricket and quenching a “hard earned thirst” with “a big cold beer, and the best cold beer is Vic. Victoria Bitter”. However, the initials “VB” are also shared […]

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What’s in a name? Take nothing for granted when using in-licensed business names.

What’s in a name? Take nothing for granted when using in-licensed business names.

March 20, 2020

Two recent forced re-branding campaigns by Caltex Australia and Australian Geographic highlight the risks in using house brands under licence. In the final instalment of Solubility’s 2019 Licensing Year in Review series, Louise Brunero and Jeff Bergmann discuss two recent […]

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Keep calm and carry on licensing…

Keep calm and carry on licensing…

December 31, 2019

A reminder that a number of changes to IP laws commenced on 27 February 2020 including, relevant to IP commercialisation, changes recommended by the Productivity Commission to the rarely-used Crown use and compulsory licence provisions.  It will be interesting to […]

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Many long nights at the OPERA

Many long nights at the OPERA

December 31, 2019

Commercialisation success stories are the perfect marriage of innovation and business. However, good relationships can ‘go bad’. The University of Sydney’s unsuccessful commercialisation venture with ObjectiVision Pty Ltd, and decade long dispute culminating in six years of Federal Court litigation gives a […]

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Ultra short-form licensing

Ultra short-form licensing

December 31, 2019

Electronics retailing giant Harvey Norman’s bid to use the popular “Black Friday” trademark is set for a Federal Court showdown with a prominent Australian fashion label in June 2020. The case could set a precedent for other retailers seeking to use […]

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Exhausted parties heading to High Court

Exhausted parties heading to High Court

December 31, 2019

In a welcome development the High Court has agreed to revisit a long-standing authority on whether the rights of a purchaser of a patented product arise under an implied licence or an “exhaustion of rights” approach. The grant of special leave […]

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Tub of trouble over ‘spoon-in-lid’

Tub of trouble over ‘spoon-in-lid’

December 31, 2019

A patent licensee has won $2.95m in damages in Federal Court proceedings against its licensor and Visy Packaging P/L (Visy) for, respectively, breach, and inducing breach, of a patent licence agreement. The decision provides important lessons for licensors and licensees, as […]

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