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Patent & Trade Marks

Our experienced Patent & Trade Marks legal team regularly publishes articles and updates - the full list of publications appears below. AAR's team of patent attorneys, and trade marks attorneys and lawyers, keeps you abreast of important developments in this complex area. If you'd like to be notified when we add new patent & trade marks publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Read about our track record on the Allens Arthur Robinson Patent & Trade Marks Attorneys website.


Focus: Trade Marks - 07 October 2008 View (HTML) Download (65KB PDF) 
A recent Australian Trade Marks Office decision found that the evidence did not demonstrate use as a trade mark of the shape of a four-bar chocolate and consequently, registration for that shape was refused. Partner Andrew Butler and Senior Associate Garen Holopikian review the case
Intellectual Property Bulletin - 07 May 2008 View (HTML) 
Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
Focus: Trade Marks - 05 February 2008 View (HTML) Download (61KB PDF) 
This case concerned two retailing interests using the same word mark in respect of overlapping goods and where one of the two retailing interests, which had obtained registration of the mark, commenced proceedings against the other for trade mark infringement.
Focus: Patents, Designs and Trade Marks - 18 December 2007 View (HTML) Download (92KB PDF) 
We look at the abolition of the duty of disclosure for patent applicants; the Sportsgirl trade mark case; the dangers of choosing marks of a general character; changes to the trade mark renewal grace period; and practice changes with regard to letters of consent in cases of conflicting marks
Intellectual Property Bulletin - 12 December 2007 View (HTML) 
Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
Focus: Pharmaceuticals - 05 November 2007 View (HTML) Download (82KB PDF) 
Partner Annette Hughes and Senior Associate Rachel Nicolson provide an overview of the UN's draft Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines, released for public consultation in September 2007
Focus: Trade Marks - 24 October 2007 View (HTML) Download (70KB PDF) 
In the recent case of Brother Industries Ltd v Dynamic Supplies Pty Ltd, the Federal Court of Australia considered an unusual set of facts and held that the importation and sale of non-branded products, manufactured by the trade mark owner but imported and sold in counterfeit packaging, constituted trade mark infringement, misleading and deceptive conduct in breach of the Trade Practices Act 1974 (Cth) and passing off
Client Update: Patents - 23 October 2007 View (HTML) 
Changes to the duty of disclosure obligations for applicants and patentees of Australian patents have now been implemented. The requirement to inform the Australian Patent Office of the result of prior art searches conducted by overseas patent offices has now been substantially abolished. Partner Chris Bird and Patent Attorney Anthony Selleck report
Focus: Pharmaceuticals - 13 September 2007 View (HTML) Download (103KB PDF) 
In the final instalment of our three-part series examining the amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan addresses the price disclosure obligations and how the information will be used to further reduce the price of pharmaceutical benefits to government
Intellectual Property Bulletin - 11 September 2007 View (HTML) Download (179KB PDF) 
Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright and designs
Focus: Pharmaceuticals - 07 September 2007 View (HTML) Download (79KB PDF) 
In Part 2 of our Focus: Pharmaceuticals series examining amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan examines the way the statutory price cuts operate and details the supply guarantee requirements
Focus: Health - 05 September 2007 View (HTML) Download (88KB PDF) 
We look at a case of anti-competitive conduct by doctors; the first set of standards issued by the Queensland Health Quality and Complaints Commission; and a question of discrimination in the provision of medical services
Focus: Pharmaceuticals - 30 August 2007 View (HTML) Download (118KB PDF) 
The Commonwealth Parliament has passed legislation to amend the Pharmaceutical Benefits Scheme. In the first of a three-part series, Senior Associate Ric Morgan provides an overview of the changes and examines the new concepts introduced by the amendments
Focus: Patents, Designs and Trade Marks - 20 August 2007 View (HTML) Download (113KB PDF) 
In this issue we look at proposed changes to the duty of disclosure; the design registrability of fonts; a patent infringement validity decision; trade mark examination for short marks; changes to the process for filing divisional trade mark applications; and linking of single class trade mark registrations
Intellectual Property Bulletin - 13 July 2007 View (HTML) Download (144KB PDF) 
Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments relating to patents, trade marks, copyright and designs
Focus: Health - 05 June 2007 View (HTML) Download (80KB PDF) 
We report on the duty owed by employers where workers are exposed to traumatic events; the right to access one's own health information; the meaning of 'exceptional circumstances' when applying the 80/20 rule; the extent of the duty to warn patients pre-surgery; and when a surgical procedure amounts to battery
Focus: Copyright - 04 May 2007 View (HTML) Download (66KB PDF) 
Following the decision of Australia's High Court in Burge v Swarbrick last week, businesses may now be better placed to assess how to manage design rights and copyright in products that may be mass-produced. Lawyer Marina Lloyd Jones looks at the impact of the decision
Focus: Health - 30 April 2007 View (HTML) Download (60KB PDF) 
In late March 2007, the Department of Health and Aging released an exposure draft of the Therapeutic Products Bill 2007 (Cth). This is the first in a series of new laws that will significantly change the way therapeutic products are regulated in Australia and New Zealand by setting up a joint trans-Tasman scheme. Lawyer Przemek Kucharski summarises key aspects of the Scheme and the Bill
Focus: Patents, Designs and Trade Marks - 27 April 2007 View (HTML) Download (62KB PDF) 
Two significant changes to the schedule of patent fees; new trade mark, patent and design provisions now in force; and a look at upcoming conferences and events
Intellectual Property Bulletin - 29 March 2007 View (HTML) Download (119KB PDF) 
Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, trade practices, copyright and technology
Focus: Health - 28 February 2007 View (HTML) Download (81KB PDF) 
In this issue we examine the role of the Professional Services Review; final and binding determinations made under the Medical Practice Act 1994 (Vic); recent amendments to stem cell legislation; and the treatment of a child without parental consent
Client Update: Patents, Designs and Trade Marks - 09 January 2007 View (HTML) 
In December 2006, IP Australia (the Federal Government body that administrates patent, trade mark, design and plant breeder's rights) announced a comprehensive review of its official fees. This is first major overhaul of fees for some time and is related to a general cost recovery policy being implemented by the Government
Focus: Patents, Design and Trade Marks - 19 December 2006 View (HTML) Download (66KB PDF) 
Partner Chris Bird provides an update on progress in legislative reform of the Australian Patents Act 1990 (Cth) concerning exemptions to infringement of a patent for experimental use and crown use
Intellectual Property Bulletin - 15 December 2006 View (HTML) Download (152KB PDF) 
Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, trade practices, copyright and technology
Focus: Health - 29 November 2006 View (HTML) 
In this issue we look at the issue of witness immunity; a duty of care case; medical record ownership; and new or amended legislation
Intellectual Property Bulletin - 20 September 2006 View (HTML) Download (134KB PDF) 
Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
Focus: Trade Marks - 18 September 2006 View (HTML) Download (65KB PDF) 
The recent Full Federal Court appeal decision in Woolworths Limited v BP plc provides insight into the registration of colour trade marks based on acquired distinctiveness. Partner Andrew Butler and Articled Clerk Rosie Hooper report
Focus: Patents & Trade Marks - 06 September 2006 View (HTML) Download (58KB PDF) 
AAR Patent & Trade Marks Attorneys Partner Chris Bird reports on the potential impact of the Full Federal Court's decision in Grant on patent law in Australia and draws comparisons with the corresponding regimes in Europe and the United States
Focus: Health - 31 August 2006 View (HTML) Download (67KB PDF) 
In this issue we look at changes to the Queensland health system, the Community Services Obligation funding pool for pharmaceutical wholesalers and distributors, and a case concerning a parental dispute over the appropriate disposal of their deceased daughter
Focus: Intellectual Property - 31 August 2006 View (HTML) Download (66KB PDF) 
The Intellectual Property Laws Amendment Bill 2006 proposes amendments that, if passed, will significantly widen the circumstances in which 'springboarding' by generic pharmaceutical companies is permitted under the Patents Act 1990 (Cth). Partner Sarah Matheson and Lawyer Emma Stacey report on the proposed expansion of the springboarding provisions in the Patents Act 1990 (Cth)
Focus: Patents - 31 July 2006 View (HTML) Download (67KB PDF) 
A recent Full Federal Court decision has clarified the issue of what kinds of business methods can be patented. Patent Attorney Anthony Selleck reviews the decision
Focus: Patents, Design and Trade Marks - 27 June 2006 View (HTML) 
Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters
Intellectual Property Bulletin - 21 June 2006 View (HTML) Download (140KB PDF) 
Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
Focus: Health - 31 May 2006 View (HTML) Download (68KB PDF) 
We look at the High Court's decision on 'wrongful life', access issues to information for assisted reproductive technology recipients and the UK Lillywhite case
Intellectual Property Bulletin - 13 April 2006 View (HTML)