Latest IP News

BlueScope Steel Buckles Under ‘Best Method’ Pressure

27/02/20
Author: Claire Gregg & Michael Caine, Davies Collison Cave

In a spate of recent patents to bite the ‘best method’ dust, two patents owned by BlueScope Steel Limited (BlueScope) are the latest to buckle under the pressure of Australia’s increasingly complex best method requirement in BlueScope Steel Limited v

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WIPO Releases Draft Issues Paper on IP Policy for AI Inventions

Author: Matthew Ford, Senior Associate, Phillips Ormonde Fitzpatrick

On 13 December, the World Intellectual Property Organization (WIPO) issued a draft paper on IP policy in relation to Artificial Intelligence (AI). This draft paper is part of a public consultation process to help define IP policy around the ever-expanding

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The Curious Case of Pinnacle and the Bikinis

Author: © Margaret Ryan, Melbourne, Australia, 2020

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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Purposive construction and Cinderella’s glass slipper

Author: Justin Negler and Sanjan Srivelan, Davies Collison Cave

CASE NOTE: Liberation Developments Pty Ltd v Lomax Group Pty Ltd [2019] FCA 1180 “Purposive construction” is now well entrenched

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Howden Australia Pty Ltd v Minetek Pty Ltd [2019] FCA 981

Author: Lucy Hartland (Senior Associate), Khajaque Kortian (Principal),Spruson & Ferguson

This unsuccessful application for an interlocutory injunction highlights some of the difficulties involved in establishing that a breach of confidential

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Descriptive trade marks: can David, Goliath and all their mates now use “community bank”?

Author: Lara Gun, Senior Associate, FB Rice

Community First Credit Union Limited v Bendigo and Adelaide Bank Limited [2019] FCA 1553 (20 September 2019) Markovic J In

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Trade mark registration stacks up for JB Hi-Fi

Author: Anita Brown, Partner, Phillips Ormonde Fitzpatrick

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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Oaths and Affirmations Act 2018

26/02/19
Author: Department of Justice and Community Safety Victoria

The Notice below from the Department of Justice and Community Safety Victoria provides advice that Oaths and Affirmations Act 2018

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Save the innovation patent campaign

10/12/18

For the past year, IPTA has been actively lobbying the Government to retain the innovation patent system. This work has

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Funding Grants For Women’s Leadership Development

16/08/18
Author: Alistair Young - Women & Leadership Australia

IPTA has been asked to draw its members attention to the following: FUNDING GRANTS FOR WOMEN’S LEADERSHIP DEVELOPMENT Women &

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Innovation patents; Safe for now.

05/04/18
Author: Grant Shoebridge, Convenor, IPTA Public Relations Committee

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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Boost for cancer research – accelerated examination of US patent applications for cancer immunotherapy

24/08/16
Author: Mark Roberts, Patent Attorney, Alex Tzanidis, Senior Associate, Rachel Stevenson, Associate, Davies Collison Cave

On 12 June 2016, US President Barack Obama announced the “National Moonshot Initiative”, which aims to make more therapies available

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Faulty Towers The Dining Experience – no laughing matter

18/08/16
Author: Megan O'Callaghan and Vicky Mullins, Baldwins

  John Cleese is back in the limelight and not too pleased with a live theatre show called Faulty Towers,

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Indications for use not sufficient to satisfy Australian patent term extension criteria

Author: David Koedyk, Baldwins

Two recent Australian Patent Office decisions have clarified the criteria on patent term extension for patents covering combinations of active

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The Power of Design Registrations

Author: Tim Francis, Principal and Andrew Mullane, Senior Associate, Wrays

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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Full Court Shines A Light on Claim Construction

Author: Adrian Crooks, Phillips Ormonde Fitzpatrick

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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Full Court Looks Into Best Method Requirements

Author: Malcolm Bell, Phillips Ormonde Fitzpatrick

Ever since its introduction into the 1952 Patents Act, there has been a statutory requirement for an Australian complete patent

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The impact of Brexit on intellectual property in the UK

18/07/16
Author: Julian Curwen, Davies Collison Cave

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 future of Plant Breeder’s Rights in Australia

Author: David Longmuir, Phillips Ormonde Fitzpatrick

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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Federal Court rules on Trade Marks as keywords

Author: Russell Waters, Phillips Ormonde Fitzpatrick

The increase in businesses using the internet to promote their products and services has prompted a corresponding growth in the

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2015 Malcolm Royal Prize Winner – Whose monopoly is it?

17/06/16
Author: Robert Cross

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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Opportunities and risks for existing and future brand owners in new EU Trade Marks regulation

Author: Kellie Jukkola, Fisher Adams Kelly Callinans

New European legislation which came into force last month has made important changes to the European trade mark system which,

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Poisonous Priority Arrives in Australia and New Zealand

Author: Michael Caine

Updated 22 June 2016 The term, “poisonous priority”, is a relatively recent term used to describe an unusual phenomenon encountered

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Does the Trans-Pacific Partnership Agreement (TPP) mandate change to Australian IP law?

Author: Dr Tim Fitzgerald and Ernest Graf, Fisher Adams Kelly Callinans

  The Australian Minister for Trade and Investment, Andrew Robb, signed the Trans Pacific Partnership Agreement (TPP) on 4 February

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First test for new ‘Disclosure’ and ‘Support’ standards points the way to the future of patent specifications in Australia

14/06/16
Author: David Loch, Fisher Adams Kelly Callinan

In patent regimes around the world, the conferring of exclusive legal rights to an invention has long been part of

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Lowering the risks associated with overseas intellectual property disputes

Author: Foreignaffairs.co.nz

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 backs hacking competition

Author: P S News

IP Australia has announced it is to be the lead Agency sponsor for GovHack 2016. GovHack will be held in

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IP litigation and Brexit

Author: Solicitors Journal

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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Mark Zuckerberg Can’t Dodge Deposition In Oculus IP Row

12/04/16
Author: Y. Peter Kang

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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Government’s Innovation Statement puts renewables back on the Agenda

Author: Chelsea Roche - Solicitor, Patrick Sands – Partner

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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Re-engineering Australia’s approach to innovation

07/12/15
Author: Brent Balinski

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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Inside Views: Impact Of The TPP On The Pharma Industry

02/12/15
Author: D G Shah

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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