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Designing a better system? Failure of the Productivity Commission IP Report to deliver meaningful change for designers

Sat, 02/17/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Marina Olsen BANKI HADDOCK FIORA
Volume: 30
Year: 2018

On 25 August 2017, the federal government released its Response to the Productivity Commission Inquiry into Australia’s Intellectual Property Arrangements . 1 Much airtime has since been given to some of the recommendations in the response, in particular some of the six recommendations made in respect of copyright and the ...

Manuka Honey providing food for thought from a trade marks perspective

Sat, 02/17/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Erich Bachmann, Julika Wahlmann-Smith and Bill Walsh HESKETH HENRY
Volume: 30
Year: 2018

Key points • When a trade mark application is being contemplated it is important to consider matters beyond those prescribed by trade mark legislation, such as the distinctiveness and descriptiveness of a mark. Applicants and their advisors should also review consumer protection legislation generally (eg have regard to whether/in what ...

Napier Tool & Die Ltd v Oraka Technologies Ltd

Sat, 02/17/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Matthew Hayes and Charlotte Fleetwood-Smith AJ PARK
Volume: 30
Year: 2018

Introduction In Napier Tool & Die Ltd v Oraka Technologies Ltd 1 the Court of Appeal of New Zealand overturned a $4.1 million compensatory damages award for the infringement of copyright in design drawings for a unique cup assembly used on a machine for grading asparagus. Key points • As a ...

Patent law update 2016: putting patents through the wringer

Sat, 02/17/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Richard Hamer and Lev Gutkin ALLENS
Volume: 30
Year: 2018

Recent decisions of Australian courts have highlighted areas of growing divergence between Australian patent law and international norms and treaties. Divergence is unsatisfactory as it increases transaction costs and risks for users of the patent system — whether they are patent applicants filing in multiple jurisdictions or competitors who need ...

The Productivity Commission’s Final Report into Intellectual Property Arrangements

Sat, 02/17/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Warwick A Rothnie UNIVERSITY OF MELBOURNE
Volume: 30
Year: 2018

Key points • The Commonwealth Government published the Productivity Commission’s Final Report on Intellectual Property Arrangements 1 (Final Report). • Having received some 620 submissions and conducted numerous workshops, the Productivity Commission reached some key conclusions and made some 25 groups of recommendations. • The Productivity Commission considered that the overarching ...

Australian Trade Mark Opposition Law book review

Wed, 01/24/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sharon Givoni SHARON GIVONI CONSULTING
Volume: 30
Year: 2018

This long-awaited book 1 on trade mark opposition in Australia is one of its kind. With a strong practical focus, Andrew Sykes (who has written numerous articles for this Bulletin before) has managed to capture the essence of this specialised area in one neat volume. Lawyers can turn to this ...

Being the “McQueen” of fashion didn’t help in securing trade mark rights

Wed, 01/24/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Erica Huntley GADENS
Volume: 30
Year: 2018

Autumnpaper Ltd v Metropolitan Investment Group Pty Ltd 1 Metropolitan Investment Group Pty Ltd (Metropolitan) was recently successful in its opposition against Autumnpaper Ltd’s (Autumnpaper) application for MCQUEEN. This decision highlights that common surnames remain difficult to register, and that the evidence of use submitted in defending a trade mark opposition ...

Magazine behemoth, “Elle” comes off second best to “Addition Elle”

Wed, 01/24/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Alana Long GADENS
Volume: 30
Year: 2018

Reitmans (Canada) Ltd v Hachette Filipacchi Presse 1 Background Elle is a worldwide lifestyle magazine originating in France that focuses on fashion, beauty, health and entertainment. Elle is one of the world’s best-selling fashion magazines and is widely recognised as meaning “she” or “her” in French. Addition Elle is a Canadian-based ...

Mere offers to supply patented products can infringe Australian patents, but mere applications for PBS listing will not

Wed, 01/24/2018 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Duncan Longstaff and Kieran Williams SHELSTON IP
Volume: 30
Year: 2018

Key points • An Australian patent can be infringed merely by offers made during the term of the patent, without the patentee’s consent, to supply infringing products — even where the offered supply is intended to occur after the patent expires. • Whether or not such offers amount to infringements ...

Bayer v Generic Health: A yardstick for pharmaceutical patent infringement damages

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sarah-Jane Frydman and James Ellsmore KING & WOOD MALLESONS
Volume: 30
Year: 2017

Introduction Bayer has been awarded more than $25 million, plus interest and indemnity costs, in what is the first Federal Court award of damages for pharmaceutical patent infringement. 1 The decision is likely to provide some direction for resolving future claims for damages for the infringement of pharmaceutical patents. The ...

Federal Court, Full Federal Court confirm the act applying for PBS listing is not of itself an “offer to supply” amounting to infringement of a patent

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland and Scott Sloan DIBBSBARKER
Volume: 30
Year: 2017

Introduction A recent decision of the Federal Court of Australia, upheld by the Full Federal Court on appeal, has established that an application under the National Health Act 1953 (Cth) (NHA) to list therapeutic goods on the Pharmaceutical Benefits Scheme (PBS), where those goods are the subject of a patent, does ...

Just Group Ltd v Nicole Peck

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Glenn McGowan QC GADENS
Volume: 30
Year: 2017

Take away tips Restraint of trade contracts with employees, to maximise their chances of being enforced, should preferably be drafted: • in respect of a clearly reasonable area (optionally with cascading areas) • in respect of a clearly reasonable period (optionally with cascading periods) • in respect of only obligations ...

Registered designs in Australia and New Zealand

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Anton Blijlevens AJ PARK
Volume: 30
Year: 2017

Registered designs to protect a product shape can be a cost-effective and valuable form of intellectual property (IP). Registered designs are often very quick to be approved compared to other forms of IP. This provides the owner with enforceable rights well before many other forms of IP rights are granted ...

The Unitary Patent and the Unified Patent Court: what you need to know about patent law changes in Europe

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Serena White SHELSTON IP
Volume: 30
Year: 2017

Key points • Existing European patents and pending applications will both be affected by the new legislation. • It will be possible to request unitary patent protection in respect of European patents which grant after the new legislation comes into force. However, a unitary patent will not cover all contracting ...

Tolkien Estate Ltd v Saltalamacchia

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lisa Archbold SHARON GIVONI CONSULTING
Volume: 30
Year: 2017

Introduction I wish the Ring had never come to me. I wish none of this had happened.          — JRR Tolkien, The Lord of the Rings These words may ring true not only to Frodo from The Lord of the Rings , but also to Alexander Thomas Saltalamacchia, the respondent in ...

Bayer v Generic Health: A yardstick for pharmaceutical patent infringement damages

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sarah-Jane Frydman and James Ellsmore KING & WOOD MALLESONS
Volume: 30
Year: 2017

Introduction Bayer has been awarded more than $25 million, plus interest and indemnity costs, in what is the first Federal Court award of damages for pharmaceutical patent infringement. 1 The decision is likely to provide some direction for resolving future claims for damages for the infringement of pharmaceutical patents. The ...

Federal Court, Full Federal Court confirm the act applying for PBS listing is not of itself an “offer to supply” amounting to infringement of a patent

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland and Scott Sloan DIBBSBARKER
Volume: 30
Year: 2017

Introduction A recent decision of the Federal Court of Australia, upheld by the Full Federal Court on appeal, has established that an application under the National Health Act 1953 (Cth) (NHA) to list therapeutic goods on the Pharmaceutical Benefits Scheme (PBS), where those goods are the subject of a patent, does ...

Just Group Ltd v Nicole Peck

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Glenn McGowan QC GADENS
Volume: 30
Year: 2017

Take away tips Restraint of trade contracts with employees, to maximise their chances of being enforced, should preferably be drafted: • in respect of a clearly reasonable area (optionally with cascading areas) • in respect of a clearly reasonable period (optionally with cascading periods) • in respect of only obligations ...

Registered designs in Australia and New Zealand

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Anton Blijlevens AJ PARK
Volume: 30
Year: 2017

Registered designs to protect a product shape can be a cost-effective and valuable form of intellectual property (IP). Registered designs are often very quick to be approved compared to other forms of IP. This provides the owner with enforceable rights well before many other forms of IP rights are granted ...

The Unitary Patent and the Unified Patent Court: what you need to know about patent law changes in Europe

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Serena White SHELSTON IP
Volume: 30
Year: 2017

Key points • Existing European patents and pending applications will both be affected by the new legislation. • It will be possible to request unitary patent protection in respect of European patents which grant after the new legislation comes into force. However, a unitary patent will not cover all contracting ...

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