February 2013

February 26, 2013 12:00 AM | Posted by Posted by Benita McLennan and Peter Kearney | Permalink
Most users of Apple Inc. (Apple) devices, such as iPads and iPhones, are familiar with the Apple 'App Store'. Using the App Store, users can browse and download applications for free or at a cost to their device. The App Store was first launched in the US in July 2008. It also launched in Australia in 2008. read more
February 21, 2013 12:00 AM | Posted by Tarryn Ryan and Paul Kallenbach | Permalink
Yes, you read it right. In a move that has raised more than a few eyebrows, the operators of The Pirate Bay, a website that facilitates the downloading of copyright material, have lodged a complaint with Finnish police and are threatening legal proceedings against a Helsinki-based anti-piracy group for allegedly infringing their copyright in The Pirate Bay's website. read more
February 20, 2013 12:00 AM | Posted by Dennis Schubauer and John Fairbairn | Permalink
On 13 February 2013, the Federal Court of Australia issued a decision relating to the patentability of business methods in Australia (Research Affiliates, LLC v Commissioner of Patents [2013] FCA 71). Emmett J held that the claimed inventions were business methods that were not eligible for patent protection. The patentability of business methods remains a vexed area of law in Australia (and many other countries). While this decision provides some guidance, it seems unlikely to resolve conclusively the uncertainty in this area of the law. read more
February 18, 2013 12:00 AM | Posted by Dennis Schubauer and John Fairbairn | Permalink
On 15 February 2013, the Federal Court of Australia handed down its much anticipated decision in Cancer Voices Australia v Myriad Genetics Inc [2013] FCA 65 relating to whether human genetic material is patentable in Australia. In what is the first Australian judicial consideration of the issue, Nicholas J held that claims for isolated naturally occurring DNA and RNA are patentable subject matter. This decision (and any appeal) will be closely reviewed by the many interested bodies presently debating whether, as a matter of policy, patents covering genetic materials are appropriate. read more
February 11, 2013 12:00 AM | Posted by Nicole Reid and Paul Kallenbach | Permalink
Following in the wake of furore concerning proposed changes to Instagram's terms of service that seemingly would have allowed commercial uses of user's photographs without any compensation to them (which we posted about here), a US court has issued a decision about the rights of third parties to use online content under the terms of service of another popular social media site, in this case Twitter. This case provides further comfort to the users of social media sites that they retain at least some control over content that they post online. read more
February 6, 2013 12:00 AM | Posted by Posted by Emily Hawcroft, John Fairbairn and Lynne | Permalink
The High Court (Australia's ultimate appellate court) today delivered judgment in proceedings commenced by the Australian Competition and Consumer Commission (ACCC) in relation to sponsored links within Google Inc's (Google) search engine results (see Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 (6 February 2013)). The High Court unanimously allowed Google's appeal and found that Google had not engaged in misleading or deceptive conduct contrary to section 52 of the Trade Practices Act 1974 (Cth) (TPA) (now section 18 of Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

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