151-160 of 303 results
Computer-implemented business methods and manner of manufacture…where do we stand?
In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...
Global trends in intellectual property
The World Intellectual Property Organization (WIPO) has recently published two reports identifying key hotspots for innovation, and key markets for patent, trade mark and design filing. ...
Unlocking the potential in IP assets as collateral for finance
Companies should seek to make the most of their intangible assets. One way to do this is to use intellectual property assets as collateral to access funding. IP-rich businesses, SMEs and start-ups should keep this potential avenue in mind. ...
IP rights and Indigenous Knowledge: the case of gumby gumby
A pending trade mark application concerning the Indigenous term 'gumby gumby' highlights the controversies that arise at the intersection of intellectual property rights and Indigenous culture. ...
Bikinis from Way-back-when
In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...
Fonterra v Vitasoy: Turns out you really can grow milk
The Registrar's recent decision in Fonterra Co-Operative Group Limited v Vitasoy International Singapore Pte Ltd reaffirms an assumption of level-headedness in the average consumer, capable of identifying and embracing the spirit of trade marks containing connotations rather than being misled ...
IP Australia moves towards protecting Indigenous knowledge
IP Australia has released a report summarising stakeholder feedback on how Australia's IP system can be improved to protect and promote the integrity of Indigenous Knowledge ...
IPONZ fee changes – how you can save on patent and trade mark fees
On 13 February 2020, official patent fees will significantly increase in New Zealand, while certain trade mark fees are set to decrease. Associate Claire Gregg outlines the new fee structure and potential ways to save. ...
Freedom to Feta – where is Australia headed on geographical indications?
With negotiations underway for the free trade agreement between Australia and the European Union (the A-EU FTA), Australian businesses that produce, buy or sell EU and non-EU food, agricultural goods and spirit drinks have to confront the possibility that Australia will agree to give much stronger protection to the names of hundreds of EU products that indicate their geographical origin. We look at some of the key issues in the EU's proposal that would impact Australian businesses' operations and IP portfolios, and consider some of the agreed compromise positions in the EU's other recent FTAs. ...
Ultra Tune's small victory in Franchising Code case
Earlier this year, InIP reported on a case brought by the ACCC alleging various breaches of the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Franchising Code). Ultra Tune Australia Pty Ltd (Ultra Tune) was found to have committed numerous breaches of the Franchising Code. ...