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Stratocumulus Legal

We are an Australian legal practice working with businesses to identify, protect, and harness their intellectual property, and to help them avoid the risk of infringing intellectual property belonging to others. We're based in Perth, Western Australia.

Do you actually own the IP created by your employees and contractors?

Working remotely, working more flexibly, working on personal devices, greater use of contractors, increased automation.  All these changes to how we work are picking up in pace, and these trends increasingly challenge business’ assumptions about the ownership of intellectual property created by their employees and contractors.  Are you confident that your business actually owns its intellectual property?

Upcoming presentation: Robot as Inventor; Robot as Infringer

I am presenting to the Perth Machine Learning Group on 2 September 2021 on the topic: “Robot as Inventor, Robot as Infringer”, looking at the recent Australian Federal Court world first decision that an AI system can be an inventor for the purposes of the Patents Act, and also look at infringement issues when teaching your machine learning robot.

10. The neoprene tote bag case

Post 10 in our Top 10 of 2020. A new case about neoprene tote bags illustrates how high the threshold is for articles (not only things in the fashion world) to be recognised as “works of artistic craftsmanship”, no matter how much love, care or artistry went into their creation. This leaves them open to being copied, and with new technologies such as 3D printing, all the more easily. The answer – register a design!

9. Manner of manufacture cases

Post 9 in our Top 10 of 2020. As automation technologies advance, there have been increasing number of cases involving patent claims over computerised processes or automated schemes. This year saw two more examples, one of which failed and the other succeeded (on this point). The Statute of Monopolies of 1623 continues to be relevant in determining manner of manufacture in a digital world.

8. Changes to auDA .com.au eligibility policy

Post 8 in our Top 10 of 2020. Upcoming changes to the .com.au and .net.au eligibility policies mean that some domain name registrants may need to reconsider their Australian domain name strategies, particularly if they do not have a local presence and rely on an Australian registered trade mark to underpin their eligibility.

Intellectual Property is Valuable

Nearly all businesses both own their own intellectual property, and use intellectual property belonging to third parties. Are you in control of yours? Are you at risk of liability for misusing someone else's?