Oddfellow Bubendorf, 21 June 2024 Happy birthday to you… So, the UPC has reached its first birthday. And there are lots of retrospectives in various blogs, so I won’t bore you by repeating what you have probably already read. Suffice
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Time for a Change? Australia has a pre-grant patent opposition procedure. This means that, after a patent application has been
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11 December 2022 And so, it begins… …well, eventually. All of the nefarious schemes that were supposed to derail the
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This content is restricted to site members. If you are an existing user, please log in. New users may register here.Existing
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Oddfellow 15 July 2022 Here come de judges… So, appointment of judges for the UPC has started. Apparently 90 appointments
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In 2021 the Department of Industry, Science, Energy and Resources released an independent review that considered issues in relation to
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Oddfellow 2021_2 Bubendorf, 19 July 2021 Hooly dooly! It’s happening! Well, OK, a substantial step towards its happening has been
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In October 2020 The Supreme Court of New Zealand, New Zealand’s highest court, effectively held that “zombie” trade marks do
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Welcome to the DCC kete (basket) of recent New Zealand trade mark cases, and other developments in kiwi trade mark law and
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When State of Escape created its perforated neoprene tote bag, it is likely to have regarded the bag to be
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The High Court has delivered its eagerly anticipated judgment in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41
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Gliknik, Inc. v CSL Behring Lengnau AG [2020] APO 46 (“Gliknik”) On 12 October 2020, IP Australia handed down its
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Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] FCA 1477 In a recent decision concerning Wyeth’s Prevnar
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Is an advertisement prior to the priority date a Secret Use of an Invention? In Australia, an invention may only
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The Australian test for the eligibility of software inventions for patenting has evolved with a decision by Justice Burley of
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Chris and Dora Di Lorenzo Partnership v Denversian Pty Ltd & Anor [2020] FCAA 1718 (30 June 2020) On 30
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In a recent Australian Patent Office decision[1], an extension of time to file a complete Australian patent application was allowed despite
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In a unanimous decision (Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116), an enlarged full
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In the rush to file a trade mark application, it is important not to overlook the issue of copyright ownership
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Does your company employ US residents, and do those employees or contractors sometimes invent while they are living or working
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Chemical manufacturer Quaker own two patents relating to a method for detecting high pressure fluid injection (“HPFI”) injuries. When a
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The Full Court in Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86 reversed the decision of the trial
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CSIRO v BASF Plant Science GmbH [2020] FCA 328 is the first decision of an Australian court which specifically concerns
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Pharma Mar S.A. applied for a patent term extension (PTE) for their Australian patent 754073 on the basis of the
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In the case of In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd, in considering whether use of Down-N-Out infringed a
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The Federal Court in Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778 has overturned a decision of the
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IP Australia have dismissed a trade mark opposition[1] by the Scotch Whisky Association against a trade mark for CLYDE RIVER in class
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Pharma Mar S.A. [2020] APO 8. A Patent term extension cannot be requested based on a claim directed to a
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The trade mark Urban Ale from Urban Alley Brewery was found to be descriptive rather than distinctive, in a recent
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Lamont v Malishus & Ors (No.4) [2019] FCCA 3206 On 14 November 2019, Manousaridis J of the Federal Circuit Court
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The Federal Court of Australia has allowed an appeal in favour of patent applicant and appellant Technological Resources Pty Ltd
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In a spate of recent patents to bite the ‘best method’ dust, two patents owned by BlueScope Steel Limited (BlueScope)
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On 13 December, the World Intellectual Property Organization (WIPO) issued a draft paper on IP policy in relation to Artificial
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Facts The case of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) considered whether Pinnacle’s
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CASE NOTE: Liberation Developments Pty Ltd v Lomax Group Pty Ltd [2019] FCA 1180 “Purposive construction” is now well entrenched
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This unsuccessful application for an interlocutory injunction highlights some of the difficulties involved in establishing that a breach of confidential
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Community First Credit Union Limited v Bendigo and Adelaide Bank Limited [2019] FCA 1553 (20 September 2019) Markovic J In
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JB Hi-Fi has won its battle to retain its Australian trade mark registration for STACK, its popular entertainment news brand,
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The Notice below from the Department of Justice and Community Safety Victoria provides advice that Oaths and Affirmations Act 2018
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For the past year, IPTA has been actively lobbying the Government to retain the innovation patent system. This work has
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IPTA has been asked to draw its members attention to the following: FUNDING GRANTS FOR WOMEN’S LEADERSHIP DEVELOPMENT Women &
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For several months, IPTA has been actively coordinating discussions between IP Australia, Government Ministers, the Opposition, cross-bench Senators and innovators
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On 12 June 2016, US President Barack Obama announced the “National Moonshot Initiative”, which aims to make more therapies available
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John Cleese is back in the limelight and not too pleased with a live theatre show called Faulty Towers,
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Two recent Australian Patent Office decisions have clarified the criteria on patent term extension for patents covering combinations of active
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Registered designs are sometimes overlooked in favour of their patent and trade mark cousins. However, the Federal Court’s latest decision
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It is a well-established principle of claim construction that it is not permissible to vary or qualify the plain and unambiguous
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Ever since its introduction into the 1952 Patents Act, there has been a statutory requirement for an Australian complete patent
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Following a referendum 23 June 2016, the UK has voted to exit the European Union (EU), an outcome coined “BREXIT”.
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The Australian Productivity Commission’s overarching recommendations seek to rebalance IP policy more in favour of Australian interests. Whilst the draft
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The increase in businesses using the internet to promote their products and services has prompted a corresponding growth in the
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The trade mark MONOPOLY® identifies one of the world’s favourite board games. There are several versions, including “The Junior”, “Classic”,
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New European legislation which came into force last month has made important changes to the European trade mark system which,
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Updated 22 June 2016 The term, “poisonous priority”, is a relatively recent term used to describe an unusual phenomenon encountered
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The Australian Minister for Trade and Investment, Andrew Robb, signed the Trans Pacific Partnership Agreement (TPP) on 4 February
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In patent regimes around the world, the conferring of exclusive legal rights to an invention has long been part of
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The Japan Patent Office (JPO) has established Japan’s first insurance scheme to cover the cost of overseas intellectual property (IP)
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IP Australia has announced it is to be the lead Agency sponsor for GovHack 2016. GovHack will be held in
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Giovanni Guglielmetti and Marco Blei discuss how the outcome of the referendum could affect the new EU-wide patent system The
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A Texas federal judge on Monday said Facebook CEO Mark Zuckerberg can’t avoid a deposition in a trade secrets suit
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Release of the Federal Government’s much-anticipated National Innovation and Science Agenda (the Agenda) on 7 December is expected to boost investor
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The federal government will release its heavily anticipated innovation statement today. There’s been a lot of talk, but what hope
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The final text of the Trans-Pacific Partnership confirms beyond doubt the apprehensions expressed by civil society, academia and the generic
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