Australian IP Bulletin Newsletter

Subscribe to Australian IP Bulletin Newsletter feed
Automated latest RSS Feeds from LexisWeb for Australian Intellectual Property Law Bulletin (newsletter)
Updated: 2 hours 51 min ago

Building an effective IP management framework for your organisation

Wed, 06/06/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Jennifer Kwaan and Sylvie Tso SPRUSON & FERGUSON LAWYERS
Volume: 31
Year: 2018

Introduction The economy today is increasingly driven by knowledge and information. The continual advance on artificial intelligence, genetics and biotechnology and the ability to review, identify and analyse trends using big data, make knowledge and information integral in giving an organisation its competitive edge. Although not all knowledge and information ...

New Zealand patent law update

Wed, 06/06/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Amanda Lee DAVIES COLLISON CAVE
Volume: 31
Year: 2018

Tips, tricks and key changes • Unity of invention (ie, the requirement that a patent application relate to only one invention) has been removed as a ground of opposition with the passing of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill 2015 (NZ) (Patents Amendment Bill 2015). • ...

NV Sumatra Tobacco Trading Co v Qantas Airways Ltd

Wed, 06/06/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Jonathan Flintoft and Ling McGregor BAKER MCKENZIE
Volume: 31
Year: 2018

Summary This decision 1 of the Registrar’s Hearing Officer involved an application for removal of a trade mark registration for non-use, and turned on whether the owner of the registration had established the existence of circumstances that were an obstacle to the use of the trade mark during the relevant ...

One step is good, two steps are bad: patentability of a computer-implemented interface

Wed, 06/06/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Andrew Lowe SHELSTON IP
Volume: 31
Year: 2018

Re Aristocrat Technologies Australia Pty Ltd Executive summary • The assessment of patentable subject matter is not limited to what is described in the specification of a patent or patent application — it is permitted to have regard to the knowledge in the art possessed by the person skilled in ...

The future of trade secrets — the EU aligning with the UK, even with Brexit

Wed, 06/06/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Joel Smith and Jessica Welborn HERBERT SMITH FREEHILLS
Volume: 31
Year: 2018

Key points • The Trade Secrets Directive will provide consistency and clarity as to how trade secrets are treated across the European Union (EU). However, residual uncertainty will exist post-implementation. Key terms used in the Directive are not given definitions. It is as yet unknown how the requirement for goods ...

The University of Wollongong gets a lesson in trade mark law

Wed, 06/06/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lev Gutkin and Natasha Dixon ALLENS
Volume: 31
Year: 2018

Key points • Proving the inherent distinctiveness of a phrase that consists entirely of descriptive words remains a very difficult task. • Creating and demonstrating distinctiveness of such a trade mark through prior use presents additional challenges, as other, more distinctive trade marks may be taken to be solely responsible ...

A patent culture begets an innovation culture

Sat, 05/05/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Paula Natasha Chavez KNOWLEDGE LAW OFFICES
Volume: 31
Year: 2018

Three takeaways: • Patent activity is often used as a metric for innovation wherein high patent activity indicates a high level of innovativeness. • High patent activity requires involvement by many facets of a company. • The resulting patent culture begets an innovation culture. In a previous paper, we presented ...

ACCC appeals decision after Federal Court finds in favour of Medibank

Sat, 05/05/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Mark Metzeling and Malcolm McBratney MACPHERSON KELLEY LAWYERS
Volume: 31
Year: 2018

Key points • Intellectual property (IP) lawyers are often required to advise clients on their legal obligations and the likely consequences for breaching those obligations. • The consumer protection legislation empowers the court to make orders for enforcement and/or remedies such as payment of substantial penalties, refunds to consumers and ...

APRA v Dion

Sat, 05/05/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Jeremy Perier MCCULLOUGH ROBERTSON LAWYERS
Volume: 31
Year: 2018

The decision in Australasian Performing Right Association (APRA) v Dion 1 has provided useful guidance as to the circumstances in which Australian courts consider it appropriate to award additional damages for copyright infringement under s 115(4)(b) of the Copyright Act 1968 (Cth). In September last year, Sydney’s Federal Circuit Court awarded APRA ...

The Full Federal Court’s insight into trade mark ownerships

Sat, 05/05/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Mark William ALLENS
Volume: 31
Year: 2018

The Federal Court has made it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners ensure that valid rights have been secured. Key points • The Australian case law regarding trade mark ownership, and specifically ...

The government’s response to the Productivity Commission Report signals significant changes to intellectual property laws in Australia

Sat, 05/05/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Grant Shoebridge SHELSTON IP
Volume: 31
Year: 2018

Summary and key points The government has released its eagerly awaited response 1 to the Productivity Commission’s report on Intellectual Property Arrangements 2 in Australia. In summary, the government has agreed to: • retain term extensions for patents covering pharmaceutical substances • abolish the innovation patent system • amend the ...

The Productivity Commission’s Final Report into Intellectual Property Arrangements (Part 2)

Sat, 05/05/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Warwick A Rothnie UNIVERSITY OF MELBOURNE
Volume: 31
Year: 2018

Key points • The Productivity Commission considered that the overarching objective of Australia’s intellectual property (IP) laws is to encourage the creation of new and valuable ideas in a way that maximises the wellbeing of all Australians. Ideally, therefore, IP rights should be available only to protect those innovations that ...