Intellectual property highlights of 2010

By Kimberly Statham of Gadens Lawyers, Sydney

Last year saw a number of interesting developments in the intellectual property space, thanks to some groundbreaking copyright and trade mark Court decisions. As 2011 begins, we thought it would be a good idea to recap on some of the key issues that arose in 2010.

Telstra Corporation & Anor v Phone Directories Company Pty Limited & Ors [2010] FCA 44

In a landmark decision handed down on 8 February 2010, the Federal Court of Australia held that copyright does not subsist in the contents of the Yellow Pages and White Pages telephone directories. The decision reached in this case will no doubt be far reaching and will impact works which are, for example, data compilations, computer generated works, or works which are created through the efforts of different employees in a business.

Gordon J had focussed on three key areas, including the development of the directories, authorship and ownership.

Gordon J found that the authors of the content were unidentifiable, and that no "independent intellectual effort" or "sufficient effort of a literary nature" was able to be identified.

Following this decision, it is important for organisations and businesses to implement new procedures to identify authors that contribute works in order to capture the requirement of identifiable authorship in copyright.

To see the full case, click here.

Mantra Group Pty Ltd v Tailly Pty Ltd (No 2) [2010] FCA 291 (Mantra Case)

The Mantra decision handed down on 26 March 2010, demonstrated the importance of registering trade marks for marketing and advertising purposes by property developers and managers, and all other brand owners in general.

The decision effectively reinforced the importance of registering trade marks to protect your brand from unauthorised use and to take appropriate steps in obtaining authorisation to use trade marks when promoting your goods and services...