191-200 of 350 results
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. ...
Monopolising foods using trade marks
Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...
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. ...
TGA guidance on the promotion of medicinal cannabis
The Therapeutic Goods Administration (TGA) has issued guidance on advertising to the public for businesses involved with medicinal cannabis products and therapies. Along with advertising restrictions, ...
What the Packaging and Plastics Bill means for you
This insight examines the Product Stewardship Amendment (Packaging and Plastics) Bill 2019 which aims to combat the use of single-use elastics in Australia by establishing a mandatory product stewardship scheme for manufacturers, importers and distributors. ...
A positive result for diagnostic method patents in Australia
In the highly anticipated decision Sequenom, Inc. v Ariosa Diagnostics, Inc. [2019] FCA 1011, the Federal Court has confirmed that diagnostic methods remain patent-eligible subject matter in Australia … at least for now. ...
Repeal of IP exemption from competition laws to take effect soon
Section 51(3) of the Competition and Consumer Act 2010 (Cth) (the CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive condu ...
Would parmesan by any other name smell as sweet?
The deadline is approaching to lodge an objection to the proposed geographical indications in the Australia-EU Free Trade Agreement. ...
Sportsbet takes punt on descriptive mark
The decision in Sportsbet Pty Ltd [2019] ATMO 86 regarding the inherent capacity to distinguish of the mark SAME GAME MULTI provides a timely reminder of the perils of adopting descriptive trade marks. ...
Product safety snapshots – year in review
The last 18 months were a busy time for product safety. Consumers found redress via the courts (in the form of class actions) and the regulator (in the form of product recalls). ...