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InIP: What's happening in intellectual property - April 2023
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
Honest concurrent use: a rock-solid reminder of the importance of specific evidence
A recent decision of the Full Court of the Federal Court has highlighted that evidence of honest concurrent use of a trade mark must relate to the specific goods or services covered by an application. It's a timely reminder about the need for care in selecting the scope of the goods and services covered by a mark. ...
Global trade mark update
There have been significant, and proposed, trade mark law developments across the globe which are likely to inform trade mark portfolio strategy. ...
Licence to infringe: Patent Office grants Sandoz licence to exploit Lexapro® patent
In the latest chapter of one the longest-running sagas in Australian patent litigation history, the Deputy Commissioner of Patents has retrospectively granted Sandoz a licence to exploit Lundbeck's patent for its blockbuster antidepressant Lexapro® (escitalopram). The licence, only the second of its kind to be granted in Australia, provides Sandoz with a defence to Lundbeck's multi-million dollar infringement claim. ...
Using third party brands in video games: issues and opportunities
One of the emerging battlegrounds for brand owners is video games, particularly with the growth of virtual reality applications. A recent claim made in the US illustrates how having your brand featured in a video game can be a problem - but depending on the circumstances, it could also present a com ...
Patentability of computer-implemented inventions remains unclear
In this Insight, we unpack Justice Burley's reasoning for the approach taken and consider where this latest judgment (Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 3) [2024] FCA 212) leaves us on this topical issue. ...
What's happening in intellectual property - April 2024
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
What does Blackbeard have in common with North Carolina?
They're both pirates! At least, that is video production company Nautilus Production's allegation before the Supreme Court of the United States (SCOTUS), which has been asked to ponder the copyright in materials relating to Queen Anne's Revenge, the ship belonging to infamous pirate Blackbeard. ...
InIP: What's happening in intellectual property - February 2024
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
The Ripple effect: unintended consequences of poor international trade mark awareness
The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under 'PayID' branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed by international businesses advertising or offering online services to Australian customers under deceptively similar branding. ...