IP round-up: Recent decisions from the courts (February 2008)

This Supreme Court decision was an appeal from the Court of Appeal decision in Stichting Lodestar v Austin, Nichols & Co. Inc.. The decision clarifies the approach that the High Court should take on an appeal against a decision of the Commissioner of Trade Marks on registration. The case was about the registration of "WILD GEESE" as a trade mark. The Assistant Commissioner of Trade Marks initially held that Stichting Lodestar could register its "WILD GEESE" trade mark and that the mark was not deceptive or too similar to Austin, Nichols & Co Inc's "WILD TURKEY" trade mark. Austin, Nichols appealed to the High Court, and Gendall J allowed the appeal and refused registration. Stichting Lodestar successfully appealed to the Court of Appeal which granted the applications for registration. Austin, Nichols appealed to the Supreme Court

Practice and procedure: Supreme court act 1995 (QLD) s 253 - leave to appeal cost orders

The recent decision of the Court of Appeal in AGL Sales (Qld) Pty Ltd v Dawson Sales Pty Ltd [2009] QCA 262 provides clear direction on the Court’s expectations of a party seeking leave to appeal a costs order.This decision is likely to impact upon common practice in relation to appeals against costs orders. It sends a clear message to trial judges that they should not give leave as of course when giving a judgment in relation to costs, and that parties seeking leave under s 253 of the Supreme Court Act 1995 (Qld) should make a separate application. The application should be supported by material presenting an arguable case that the trial judge made an error in the exercise of the discretion of the kind described in House v King (1936) 55 CLR 499. A different, and interesting, aspect of this appeal is that it was the first wholly electronic civil appeal. The court-provided technology had been adopted at trial, and the Court of Appeal dispensed with any requirement for hard copy appeal record books

Comparing the Effect of Rational and Emotional Appeals on Donation Behavior

We present evidence from a pre-registered experiment indicating that a philosophical argument––a type of rational appeal––can persuade people to make charitable donations. The rational appeal we used follows Singer’s well-known “shallow pond” argument (1972), while incorporating an evolutionary debunking argument (Paxton, Ungar, & Greene 2012) against favoring nearby victims over distant ones. The effectiveness of this rational appeal did not differ significantly from that of a well-tested emotional appeal involving an image of a single child in need (Small, Loewenstein, and Slovic 2007). This is a surprising result, given evidence that emotions are the primary drivers of moral action, a view that has been very influential in the work of development organizations. We did not find support for our pre-registered hypothesis that combining our rational and emotional appeals would have a significantly stronger effect than either appeal in isolation. However, our finding that both kinds of appeal can increase charitable donations is cause for optimism, especially concerning the potential efficacy of well-designed rational appeals. We consider the significance of these findings for moral psychology, ethics, and the work of organizations aiming to alleviate severe poverty

The value-added statement: An appeal for standardisation

Owing to the absence of accounting standards for the preparation of a value-added statement (VAS), a large variety of methods are used in financial statements. In this study the published value-added statements (PVAS) of companies listed on the JSE Securities Exchange during the period 1976-2005 have been standardised by the Graduate School of Business of the University of Stellenbosch (USB) in order to quantify the differences between the standardised VAS (SVAS) and the PVAS. These differences consist of the inclusion of items that do not belong in the VAS, items that are erroneously allocated among the distribution to stakeholders, and interpretation differences in whether a certain item forms part of the calculation of value added or the distribution thereof. The greatest difference quantified was the overstatement of the distribution to government that amounted to 54.4% of total differences. For users, including government, to properly calculate and compare the value added of different business entities, a standard for the preparation and presentation of VAS ought to be published. In the South African context the need of a precise measurement of each business entity's contribution to the growth of the national economy is relevant, and this need should also be addressed.Value added, Gross Domestic Product, South Africa, financial statements

Perception of sex appeal in print advertising by young female Anglo-Saxon and second generation Asian-Islamic British

The aim of this research, is to provide empirical data to either support or challenge the view that subculture has an impact on how sex appeal in advertising is perceived. It looks at young females of two specific British subcultural groups, Anglo-Saxon and Asian-Islamic British. It reveals that there are differences in the perception of sex appeal, since the Asian-Islamic British have a rather more negative attitude towards this particular appeal, while the Anglo-Saxon have a much more positive attitude towards it

Confiscation orders and abuse of process: discretion to prevent "double whammy" under the Proceeds of Crime Act 2002

Explores the circumstances in which the making of an application for a confiscation order might amount to an abuse of process entitling the court to grant a stay of proceedings. Outlines the facts leading to the Court of Appeal decision in R. (on the application of BERR) v Lowe and reviews the case law referred to by the Court of Appeal. Highlights other cases decided subsequent to Lowe

Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders

This article examines R v Jamal Muhammed Raheem Ul Nasir, a Court of Appeal case where leave to appeal against a seven-year custodial sentence for sexual offences against children was refused. The appellant argued that his sentence length was excessive because the judge viewed the female victims’ ethnic and religious origin as an aggravating factor. In light of a number of charities’ condemning the judgment, this article evaluates whether the Court of Appeal made the correct decision, particularly in the wider context of sentencing principles. It also considers whether causing shame to a victim and her family can be regarded as an aggravating factor when sentencing sexual offences, and discusses the circumstances where the victim’s ethnic origin should be taken into account