111-120 of 183 results
Interlocutory injunction refused based on 'doubtful' patent term extension
In the fight against patent infringement, challenging the validity of patent term extensions (PTEs) is increasingly becoming the weapon of choice for generic pharmaceutical companies. Since around the mid-2000s, patentees in pharmaceutical patent cases have typically been successful in bids for interlocutory injunctions, aiming to prevent the launch of generic products in Australia. The recent Biogen decision by the Federal Court is the latest in a trend of refusing interlocutory injunctions, and a clear indication the tide is turning. ...
Allens advises LAVO on world-first hydrogen energy storage system
The LAVO HESS – which took three wins at Australia's Good Design Awards and was showcased at the COP26 Climate Summit in Glasgow – is now being commercialised in a world-first first hydrogen energy ...
Lessons on product branding and trade mark use in the context of halal certification
In Halal Certification Authority v Flujo Sanguineo Holdings, the court dismissed Halal Certification Authority Pty Ltd's (HCA) claims of trade mark infringement, misleading or deceptive conduct and passing off against the Flujo Group of companies relating to the use of a halal-related trade mark, and ordered that its registration for that mark be cancelled. ...
Overcoming roadblocks to blockchain inventions
In welcome news for technology innovators, a delegate of the Commissioner of Patents recently determined that certain blockchain inventions constituted patentable subject matter. ...
Managing the risks of brand collaborations – a few top tips
Brand collaborations can create exciting commercial opportunities for businesses. However, they involve a number of risks. These include, for example, the possibility that a collaborator may suffer unexpected damage to their brand which makes the collaboration no longer commercially viable. Therefor ...
'PROTOX' and 'PROCAT': the Federal Court considers deceptive similarity and the defence of comparative advertising
Allergan Australia v Self Care IP Holdings and Caterpillar Inc v Puma SE highlight the precise nature of the test required in assessing deceptive similarity, as well as the limits of the comparative advertising defence to infringement. ...
Coming soon to a registrar near you: how your business can secure a .au direct domain name
For a six-month period from 24 March 2022 only, registrants with an existing .au domain name (eg 'allens.com.au') can apply for 'Priority Status' to register an exact match of the existing .au domain name as a .au direct domain name ...
When is a social media post clearly an #ad?
Social media influencers are increasingly being held to account for failing to disclose advertising content – so businesses working with influencers also need to take note. The recent matter involving Nadia Fairfax and Samsung highlights this. ...
High Court defamation decision means businesses could be responsible for comments posted on their social media pages
In proceedings relating to alleged defamation of Dylan Voller, the High Court has confirmed that the administrators of public social media pages are 'publishers' of comments posted by third parties and members of the public on their page, for the purposes of defamation law. ...
Food and beverage law bulletin
Sugar and alcohol labels under the microscope, including new requirements for alcoholic beverages to display pregnancy labels; minimising regulatory risk regarding misleading conduct on the sale and promotion of food products; COVID-19 and food; and class actions in the sector. ...