In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law.
LATEST EPISODE – Seeing pink
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, sounds, scents and movements can be used to distinguish a brand.
EPISODE 21: In a Barbie world
In episode 21, Emma and Rebekah talk all things Barbie and how Mattel has transformed the BARBIE brand into an empire using trade mark licensing and enforcement.
EPISODE 20: How green is your trade mark?
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.
Protecting consumers from misleading environmental claims is currently a priority area for ACCC action, with draft guidance recently released following a greenwashing internet sweep in which 57% of businesses (including cosmetics, personal care, fashion, food and beverage) reviewed by the ACCC were found to be making potentially misleading claims – including misleading use of third-party certifications and symbols.
For more, read our latest legal briefing.
EPISODE 19: Nothing new? Copyright in pop music
In episode 19, Emma and Rebekah discuss Ed Sheeran's recent successes defending copyright claims against him in the Manhattan Federal Court and the UK High Court, as well as other recent copyright stoushes between major pop artists. Emma and Rebekah unpack some of the nuances of copyright law, its role in protecting creators and the fine balance required to avoid granting a monopoly which would prevent others from using the building blocks of music, especially in western pop music which usually employs a 12-note scale.
EPISODE 18: No deal! ACCC views on pharma patent dispute settlement
In episode 18, Emma and Rebekah are joined by Patrick Gay, a Partner in Herbert Smith Freehills' Competition, Regulation & Trade team. Together they unpack the ACCC's 2022 draft determination which proposed to deny authorisation of a settlement and licence agreement that was intended to resolve an ongoing patent dispute in the Federal Court between Celgene and generic drug companies Juno and Natco. With Patrick’s insights, Emma and Rebekah touch on the potential impacts of the draft determination on parties looking to settle IP disputes in the future.
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