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Car spare parts: hotting up still locked down

Fri, 05/24/2019 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lester Miller FOUNDRY INTELLECTUAL PROPERTY
Volume: 32
Year: 2019

GM Global Technology Operations LLC v SSS Auto Parts Pty Ltd 1 Australia’s $7 billion car repair industry uses the highest proportion of genuine manufacturer parts in the Organization for Economic Cooperation and Development (OECD), 2 which keeps car repair costs high. The figure is reported to be higher than 90%, whereas ...

A balancing act: why an interlocutory injunction was refused in Sanofi-Aventis Deutschland v Alphapharm

Thu, 05/16/2019 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Tracy Lu and Max Jones ALLENS
Volume: 32
Year: 2019

Introduction In the recent decision of the Federal Court in Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd (No 3) , 1 which was subsequently upheld by the Full Court in Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd , 2 the applicants were denied their application for an interlocutory injunction, contrary to ...

Facebook: its utility as evidence of reputation makes it much more than just a social outlet

Thu, 05/16/2019 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Emma Macfarlane COLEMAN GREIG LAWYERS
Volume: 32
Year: 2019

In seeking to protect a branded product or service against imitation, it is necessary to prove reputation within Australia to succeed in any claim for misleading and deceptive conduct or passing off. The Federal Court has also introduced the concept of reputation into consideration of trade mark infringement proceedings on ...

H Lundbeck A/S v Sandoz Pty Ltd

Thu, 05/16/2019 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland SPRUSON & FERGUSON LAWYERS
Volume: 32
Year: 2019

Introduction As shown in the November 2018 decision H Lundbeck A/S v Sandoz Pty Ltd , 1 the launch of a pharmaceutical product by a generic company even after expiry of the standard term of the relevant patent, in circumstances where there is still a possibility of patent term extension, can ...

IP owners, get ready for the competition (law): repeal of IP exemption has companies racing to review contracts

Thu, 05/16/2019 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Jake Grant, Hannah Fas, Paul McLachlan and Belinda Breakspear MCCULLOUGH ROBERTSON LAWYERS
Volume: 32
Year: 2019

On 18 February 2019, the Treasury Laws Amendment (2018 Measures No 5) Bill 2018 (Cth) was passed which, amongst other things, repeals s 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA). This is the provision that exempts intellectual property (IP) owners from some aspects of competition law when they impose restrictive conditions on ...