Allens

Patents & Trade Marks

Our team keeps you informed of developments in patents, trade marks, designs, ecommerce and biotech. If you'd like to be notified when we add new 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.

Patents & Trade Marks Publications

  • Focus: Pharmaceuticals - Draft human rights guidelines for access to medicines

    5 November 2007

    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

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  • Focus: Trade Marks - Infringement – genuine products, counterfeit packaging and invoices

    24 October 2007

    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

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  • Client Update: Australian duty of disclosure requirements abolished

    23 October 2007

    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

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  • Focus: Pharmaceuticals - Amendments to the Pharmaceutical Benefits Scheme – Part 3

    13 September 2007

    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

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  • Intellectual Property Bulletin

    11 September 2007

    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

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  • Focus: Pharmaceuticals - Amendments to the Pharmaceutical Benefits Scheme – Part 2

    7 September 2007

    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

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  • Focus: Health

    5 September 2007

    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

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  • Focus: Pharmaceuticals - Amendments to the Pharmaceutical Benefits Scheme

    30 August 2007

    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

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  • Focus: Patents, Designs and Trade Marks

    20 August 2007

    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

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  • Intellectual Property Bulletin

    13 July 2007

    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

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  • Focus: Health

    5 June 2007

    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

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  • Focus: Copyright - Copyright vs design rights

    4 May 2007

    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

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  • Focus: A review of the exposure draft of the Therapeutic Products Bill 2007 (Cth)

    30 April 2007

    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

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  • Focus: Patents, Designs and Trade Marks

    27 April 2007

    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

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  • Intellectual Property Bulletin

    29 March 2007

    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

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  • Focus: Health

    28 February 2007

    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

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  • Client Update: Fee amendments for Australian intellectual property matters

    9 January 2007

    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

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  • Focus: Patents, Design and Trade Marks

    19 December 2006

    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

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  • Intellectual Property Bulletin

    15 December 2006

    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

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  • Focus: Health - Witness immunity and other articles

    29 November 2006

    In this issue we look at the issue of witness immunity; a duty of care case; medical record ownership; and new or amended legislation

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  • Intellectual Property Bulletin

    20 September 2006

    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

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  • Focus: BP's registration of 'colour green' trade marks overturned

    18 September 2006

    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

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  • Focus: Business method patents – pondering the intangibles

    6 September 2006

    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

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  • Focus: Changes to the Queensland health system

    31 August 2006

    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

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  • Focus: Springboarding in the pharmaceuticals market

    31 August 2006

    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)

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  • Focus: Legal transactions are not patentable inventions

    31 July 2006

    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

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  • Focus: Patents, Design and Trade Marks

    27 June 2006

    Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters

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  • Intellectual Property Bulletin

    21 June 2006

    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

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  • Focus: Health

    31 May 2006

    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

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  • Intellectual Property Bulletin

    13 April 2006

    Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, passing off, copyright and domain names

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  • Focus: New Intellectual Property Bill introduced into Parliament

    7 April 2006

    The Intellectual Property Laws Amendment Bill 2006 was introduced into the House of Representatives on 30 March 2006. If enacted, the Bill will amend the Patents Act 1990, the Trade Marks Act 1995, the Designs Act 2003, the Plant Breeder's Rights Act 1994 and the Olympic Insignia Protection Act 1987. Senior Associate Jonathan Gottschall, Patent Attorney Anthony Selleck and Trade Marks Attorney Peter Ryan report on the major amendments made by the Bill

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  • Focus: Health

    2 March 2006

    We look at whether PPPs could help alleviate the infrastructure crisis in Queensland Health; the recommendations of the Lockhart Review on embryo research legislation; the court assessing a doctor's standard of care in relation to the Trade Practices Act; and an update on the AB v Attorney-General of the State of Victoria case

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  • Focus: Patents, Designs and Trade Marks

    15 December 2005

    Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' end-of-year round-up of news, notices and features on patent, design and trade mark-related matters

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  • Intellectual Property Bulletin

    23 November 2005

    Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks and copyright

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  • Focus: Patents, Designs and Trade Marks

    8 September 2005

    Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters

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  • Intellectual Property Bulletin

    13 July 2005

    Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, domain names, copyright and designs

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  • Focus: Copyright & Trade Marks

    17 June 2005

    The Full Federal Court has issued the latest statement on the assessment of 'reproduction' of a 'substantial part' of a television broadcast by another television network. Partner Tim Golder and Lawyer Andrew Fuller report.

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  • Focus: Trade Marks

    5 May 2005

    The Federal Court has ruled that foreign-based websites must specifically target or be directed at Australian customers before the court will find liability or grant relief for claims of trade mark infringement or passing off. Partner Philip Kerr and Senior Associate John Butt report

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  • Focus: Patents, Designs and Trade Marks

    13 April 2005

    Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on patent, design and trade mark-related matters

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  • Focus: Patents, Designs and Trade Marks

    22 December 2004

    Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' end-of-year round-up of news, notices and features on all patent, design and trade mark-related matters

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  • Focus: Trade Marks

    18 November 2004

    A recent case confirms that colours or colour combinations can be valid trade marks, although applications are more likely to succeed if they can be connected to a distinctive shape of goods. Trade Marks Attorney Kimberley Trainor reports

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  • Intellectual Property Bulletin

    6 October 2004

    Our intellectual property lawyers and patent and trade marks attorneys provide an update on the Australia-US Free Trade Agreement and its impact on Australian legislation regarding patents, therapeutic goods, copyright and geographical indications. We also review two recent trade mark cases.

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  • Focus: Patents, Designs and Trade Marks

    23 June 2004

    Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' mid-year round-up of news, notices and features on all patent, design and trade mark-related matters

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  • Focus: Madrid Protocol

    19 April 2004

    Philip Macken, Partner of Allens Arthur Robinson Patent & Trade Marks Attorneys, outlines some recent developments in the Madrid Protocol and Community Trade Mark registration process that will make it easier and cheaper to obtain trade mark protection in international markets

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  • Focus: Free Trade Agreement

    6 April 2004

    Partner Richard Hamer and Law Clerk Tom Reid examine the potential changes the Australia-United States Free Trade Agreement will have on the pharmaceutical industry

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  • Intellectual Property Bulletin

    25 March 2004

    Our intellectual property lawyers and patent and trade marks attorneys provide an update on how the Australia-US Free Trade Agreement will impact on intellectual property. We also review the latest cases and legislative developments affecting patents, designs, trade marks, domain names, copyright, and practice and procedure

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  • Focus: Patents, Designs and Trade Marks

    22 March 2004

    Welcome to Allens Arthur Robinson Patent & Trade Marks Attorneys' round-up of news, notices and features on all patent, design and trade mark-related matters.

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  • Focus: Free Trade Agreement

    13 February 2004

    The recently announced agreed text of the Free Trade Agreement between the United States and Australia has major implications for the sectors of the Australian economy and society that focus on intellectual property, telecommunications, media, entertainment and electronic commerce. Partner Paul Zawa and Senior Associates Raani Costelloe, John Dieckmann and Rachel Nemes report.

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  • Focus: Patents, Designs and Trade Marks

    17 December 2003

    Welcome to this end-of-year edition of our round-up of news, notices and features on all matters patent, design and trade mark-related

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  • Intellectual Property Bulletin

    2 September 2003

    Our intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting patents, copyright, IP protection, trade marks, the Internet and designs

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