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Amendments to the research and development tax incentive scheme

Wed, 03/31/2021 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Khai-Yin Lim VICTORIAN BAR
Volume: 33
Year: 2021

Introduction Considerable changes to the research and development (R&D) tax incentive scheme were introduced by the Treasury Laws Amendment (A Tax Plan for the COVID-19 Economic Recovery) Act 2020 (Cth) (the 2020 Act). The Treasury Laws Amendment (A Tax Plan for the COVID-19 Economic Recovery) Bill 2020 (Cth) received Royal Assent on ...

Artificial Intelligence Machine cannot be “an inventor” under Patents Act, Patent Office finds

Wed, 03/31/2021 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Victoria Bell and Matthew Salgo BAKER MCKENZIE
Volume: 33
Year: 2021

Introduction Technological developments, such as deep learning technology and artificial intelligence ( AI ) machines, bring challenges to the traditional notions of authorship and inventorship under existing intellectual property laws. This issue was the subject of the recent decision of the Australian Patent Office in Stephen L Thaler 1 ( ...

Double patenting: a comparative guide between Australia and New Zealand practice

Wed, 03/31/2021 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: David Tso and Andy Mukherji MICHAEL BUCK IP
Volume: 33
Year: 2021

The issue of “double patenting” broadly refers to the granting of two patents for the same invention. A situation where double patenting commonly needs to be considered is when the claims of a divisional application overlap with the claims of its parent application. Under such circumstances, it is necessary to ...

Mother Energy green with envy over Frucor’s colour mark

Wed, 03/31/2021 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Vina Ngo and Alison McGinn BANKI HADDOCK FIORA
Volume: 33
Year: 2021

Colour trade marks can be difficult to register because they are usually not considered capable of distinguishing goods or services on their own. Care must be taken at the time of filing a colour trade mark to avoid fatal irregularities in description and representation of the mark as was highlighted ...

On solid ground? — how to protect your IP without making a groundless or unjustified threat

Wed, 03/31/2021 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Marina Olsen and Jeren Gul BANKI HADDOCK FIORA
Volume: 33
Year: 2021

One of the most common and effective means of a party acting to protect its intellectual property (IP) is by sending (or having a lawyer send) a letter of demand, with such letters forming a key part of the day-to-day practice of many IP lawyers. However, these letters, and other ...

Professional gaming — no longer something to “LoL” about: some IP implications of the eSports industry

Thu, 02/25/2021 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sarah Bryden and Tom Goodwin HOLDING REDLICH
Volume: 33
Year: 2021

Tips • Game developers maintain the exclusive right to authorise the use of their sport and have the discretion to shut down unsanctioned events. • End-user licence agreements should be drafted adequately to protect the intellectual property of developers and avoid potential disputes. Professional eSports teams and competitors should also ...

Right to repair: intellectual property and additive manufacture of spare parts

Thu, 02/25/2021 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Natasha Burns BURNS IP & COMMERCIAL PTY LTD
Volume: 33
Year: 2021

Key takeaways It is unlikely that there will be infringement of intellectual property rights (IPRs) where the spare part is produced by the machine owner for the purposes of repair of a complex machine. This has been reaffirmed in the recent High Court decision of Calidad Pty Ltd v Seiko Epson ...

Trade marks in franchising

Thu, 02/25/2021 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Daniel Jepson HOLMAN WEBB LAWYERS
Volume: 33
Year: 2021

Introduction Trade marks are the essence of franchising. All franchise systems strive for widespread recognition of their “brand”. A common thread between successful franchise systems is that their customers receive a consistent level of quality in goods and services provided under instantly recognisable trade marks. However, there are often complexities ...

When copying is OK — Chuchka escapes liability

Thu, 02/25/2021 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Davis EMMERSON CHAMBERS
Volume: 33
Year: 2021

Introduction State of Escape Accessories Pty Ltd v Schwartz 1 ( State of Escape v Schwartz ) provides further judicial guidance on the narrow scope of functional item that copyright will protect as a “work of artistic craftsmanship”. It is useful for practitioners to understand the extent that copyright will protect fashion ...