IP law podcast series - Unravelling the issues

In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law.

Episode 26: AI Miniseries – Part 2 – Can machines be creators?

In episode 26, Emma and Rebekah are joined by Sarah Henkes-Younger to talk about whether IP rights subsist in material created by generated AI and discuss the famous Thaler patent litigation brought in numerous jurisdictions.

Episode 25: Ambush marketing ahead of Paris 2024

In episode 25, Emma and Rebekah discuss the legal risks around ambush marketing ahead of the 2024 Olympic Games in Paris. They discuss considerations for businesses that engage in marketing practices designed to leverage the reputation and hype surrounding a global event such as the Olympics, including intellectual property and consumer law issues in light of both recent and historical high-profile examples.

Episode 24: AI Miniseries Part 1 – Generative AI meets copyright

In episode 24, Emma and Rebekah launch a miniseries focusing on AI and IP issues. In this episode, Rebekah and Emma are joined by Anna Vandervliet, a Senior Associate in the Sydney Intellectual Property Disputes team. Together, they take a closer look at generative AI and unpack some of the intellectual property issues that can arise in the training and use of GenAI systems, including exploring  some current copyright infringement cases in the UK and US on this issue. 

Episode 23: It’s the circle of life (and sustainable packaging)

In episode 23, Emma and Rebekah are joined by Catherine Chan, a solicitor in the Melbourne Intellectual Property Disputes team. Together, they unpack some of the latest innovations that aim to tackle the war on waste and keep our economy circular.

Episode 22: 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.

Previous episodes