Feeds

Australia intros new IP regime

Carrot and stick

  • alert
  • submit to reddit

Internet Security Threat Report 2014

Relatively unnoticed amid the National Broadband Network hubbub, Australia has moved to update its patent system. The Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 provides some key upsides for researchers – but at the same time, increases penalties for trademark infringement and product counterfeiting.

Researchers will welcome the amendments covering experimental use of products. The aim is to remove the risk that a researcher could infringe someone’s patent in the laboratory, merely because their research overlapped with someone else’s.

Probably the handiest example of this would be genetics research: many genetics operations are now covered by patents, which means someone looking for new genetic techniques would almost certainly infringe prior art. A researcher who is explicitly conducting follow-on research based on existing patents would be even more at risk, so the law is designed to protect the right to conduct new research, even when that research is based on existing patents.

In particular, the Act would make it clear that experimental use of information covered by a patent does not constitute “exploiting” the patented product or method.

The bill is also designed to lift the quality of patents by extending the information the patent office is allowed to take into account when assessing a patent, and broadens the definition of “prior art”.

The sting of the bill is in new scope given to courts to apply heavier penalties for counterfeit goods, “strict liability” for trademark offenses, and a new regime for seizure of goods by customs. ®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
DOUBLE BONK: Testy fanbois catch Apple Pay picking pockets
Users wail as tapcash transactions are duplicated
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.