Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.






Thursday, March 26, 2015

Lights out on 'springboard' injunction for Streetworx

By Lauren John, Lawyer

When a business supplying streetlights in Australia that infringed a patent, then modified them so that they did not infringe, the patentee applied to the Federal Court for a springboard injunction to stop the subsequent supply of the non-infringing products to two councils. The springboard injunction application failed but the supplier must now undertake to pay the gross margin in respect of the future supply of its streetlights to the councils into a trust account as security for any award of damages or account of profits.

Friday, March 20, 2015

Get the stats: WIPO facts and figures

By Kaelah Ford, Lawyer

There has been an uptick in IP filings worldwide, according to World Intellectual Property Organization (WIPO) statistics released in March, with China leading the way. Inventive activity is increasing, with standard patent applications now at 2.6 million annually, up 9.6 per cent.

Businesses continue to boost protection for their brands, with 7 million trade mark applications filed annually, up 6.4 per cent. 

Close to 1 million utility models (second-tier patent) applications were filed in the most recent year for which we have statistics, up 18.2 per cent. China accounted for 90 per cent of these filings.

Friday, March 13, 2015

IP Reform: 'Proposals to streamline IP processes and support small business' by IP Australia

By Suman Reddy, Associate


On 20 February 2015, IP Australia released the public consultation paper: Proposals to streamline IP processes and support small business– a product of the Government's Cutting Red Tape deregulation agenda.

Following the significant reforms under Raising the Bar in 2012, the Government has set out a number of proposals falling under three headings:


  • Aligning and simplifying
  • Assisting small business
  • Technical fixes

Friday, March 6, 2015

Have we reached the final reel in Dallas Buyers Club, LLC v iiNet?

By Richard Sawyer, Lawyer

Anxious iiNet customers are likely to have to wait until late March to find out if their personal details will be given to a company that claims to own the copyright in the 2013 film Dallas Buyers Club.

Arguments before Justice Nye Perram in the Federal Court wrapped up last week in relation to the application for preliminary discovery made by Dallas Buyers Club, LLC (Dallas) against iiNet and a few other internet service providers (ISPs), with his Honour indicating that a written judgment was likely to take three weeks.

Arguments in the hearing centred around what iiNet considered to be weaknesses in Dallas's prospective case against its customers. However, other critical issues debated by the parties included the significance of ISPs' privacy obligations under the Telecommunications Act 1997 and the soon to be agreed industry code of practice in relation to online piracy.