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In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law. In episode 22, Emma and Rebekah take inspiration from Priceline’s trade mark registration for its signature pink colour and discuss some of the more unusual trade mark types, including how colours, shapes, … Read more
In one of the first judgments to interpret the High Court of Australia’s recent decision in Self Care, Hungry Jack’s BIG JACK was found not to infringe McDonald’s BIG MAC trade mark. However, the claim that the Big Jack had “25% more Aussie beef” than the Big Mac was found to be misleading or deceptive, emphasising … Read more
In this instalment of our series The IP in AI, we consider whether patents can be awarded for inventions made by AI systems, and the challenges faced by patent law in protecting innovation in an AI-enabled world. Read more
Uses of machine learning and AI are expanding rapidly, and IP rights play a critical role in both regulating the use of AI and protecting the rights of inventors and creators. In this series, we will explore the key challenges governments worldwide are currently grappling with in order to provide the right level of protection … Read more
In this cross-over episode with Talking Shop: A Consumer Sector Podcast Series, Emma Iles and Eliza Foley join Aoife Xuereb to discuss trade marks, certification marks and greenwashing risks in Australia. The use of trade marks and certification marks, like the Heart Foundation ‘tick’, by consumer companies to distinguish their product from competitors is not new. There is however an increasing array of certification marks being used to indicate to consumers that a product, its packaging or manufacturing method meets a certain sustainability performance standard, from the well established ‘FAIR TRADE’ mark to increasingly, carbon neutrality status and recyclability. Read more
Dr Thaler’s latest attempt to obtain IP protection for “creations” of his AI system has failed, with a US Court rejecting copyright protection for an AI-generated artwork. Read more
Emma Iles and Eliza Foley discuss trade marks, certification marks and greenwashing risks in Australia in the latest episode in our Consumer sector podcast series "Talking Shop". Read more
Josh Todd, Giulia Maienza and George McCubbin join Aoife Xuereb to discuss the NFT (Non-Fungible Token) marketplace in the consumer sector – from fine wine and fashion to enhancing the customer experience. They explain how types of marketplaces work, whether that be trading NFT-linked physical products or digital assets in the real world or the metaverse. Commercial legal considerations include IP, … Read more
Intellectual property issues are a sometimes-overlooked area in real estate transactions. It can be the case that sites or buildings are purchased without necessarily considering fully whether the underlying intellectual property assets are being transferred and what future access or control the new owner may need, or the vendor wish to retain. Read more
