Thomson Reuters and the General Editor of the Australian Intellectual Property Journal, Associate Professor David Lindsay, are pleased to announce that Johnathon Liddicoat and James Longden are the joint winners of the 2013 Australian Intellectual Property Journal essay competition.
Reflecting the high level and record number of entries received in 2013, the judging panel, consisting of the Hon Mr William Gummow AC (former Justice of the High Court), Professor Sam Ricketson (Melbourne University) and Ann Dufty (founding Editor of the Australian Intellectual Property Journal), was unable to separate the top two essays, determining them to be equally meritorious.
Johnathon Liddicoat’s essay is about patent numbers and virtual marking. Marking products with patent information gives notice that the products are protected by patents, which is important because, where this information is absent or ineffective, patentees who are successful in infringement actions may not be eligible for monetary remedies. The essay demonstrates that notice of patent rights under innocent infringement is too easily discharged. This obviates protection to innocent infringers, and causes inefficiencies in the patent regime. Amendments to the innocent infringement provisions in Australian law are recommended.
James Longden’s essay involves a comparative analysis of search engine liability in Australia and Europe in relation to trade mark use and misleading advertising in Google AdWords. Trade mark proprietors have been running out of patience with this type of advertising, pursuing both advertisers and Google for misleading and deceptive conduct in Australia, and trade mark infringement in Europe. The essay finds there is a striking similarity to the approaches to these actions in both jurisdictions.
The winning essays will be published in a forthcoming issue of the Australian Intellectual Property Journal.
The Journal examines intellectual property law issues and developments within Australia and around the globe.