Review of patentable subject matter in Australia
The Australian Advisory Council on Intellectual Property has released its review of patentable subject matter. The Advisory Council is an independent body appointed by the government, and advises the Federal Minister for Innovation, Industry, Science and Research on intellectual property matters.
Click here to view the report
Click here to view the Advisory Council's Media Release
In his judgment Justice Finkelstein held that: "while it cannot be said that Allergy Pathway was responsible for the initial publication of testimonials (the original publisher was the third party who posted the testimonials on Allergy Pathway's Twitter and Facebook pages) it is appropriate to conclude that Allergy Pathway accepted responsibility for the publications when it knew of them and decided not to remove them. Hence it became the publisher of the testimonials."
In responding to the judgment, ACCC chairman Graeme Samuel said: "Many corporations now use Facebook "Fan" pages and Twitter accounts to promote their businesses. This outcome confirms that any business that decides to leave public testimonials or other comments on their Facebook and Twitter pages will be held responsible if they are false, misleading or deceptive."
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