31-40 of 147 results
Treasury Wine secures important court win in China to protect Penfolds brand
A subsidiary of Treasury Wine Estates (TWE) has succeeded in a claim against a trader operating in China (East Bright Sunshine) to protect the Penfolds brand. This will be a welcome result for brands looking to enforce their rights against infringers in China. Brand owners should consider their trade mark protection and enforcement strategies in China. ...
The Federal Court rules that bossy letters to Boss' customers are misleading but not threatening
The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...
Australia rules on patents for computer-implemented inventions
The High Court of Australia has grappled with the question of when a computer-implemented invention is patentable. Unfortunately, for technology owners and implementers in this space, the bench was split evenly. By a technicality, the case (Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29) was decided against the patentee. In this Insight we unpack the two High Court opinions and how these approaches compare to recent case law and Patent Office practice. ...
Priority window closes soon for .au direct domain names
Further to our last update, the window for existing holders of .au domain names (eg .com.au or .net.au) to claim priority status to register matching .au direct names (eg 'allens.au' instead of 'allens.com.au') closes on 20 September 2022. ...
ACCC delivers bitter pill on patent settlement
The ACCC proposes to deny authorisation for a patent litigation settlement between Celgene and two generic drug companies. The decision demonstrates a hardening of the ACCC’s views against patent settlements that seek to place restrictions on market participants. ...
Parking threats of patent infringement proceedings: UbiPark v TMA Capital Australia
Recently, Justice Moshinsky of the Federal Court granted an interlocutory injunction to restrain a patentee from making further threats of infringement proceedings against the customers and potential customers of an entity against whom the patentee had already made threats. Historically, interlocuto ...
A (further) update on the Australian Patent Box
The Federal Government has taken a major step towards the implementation of Australia's first patent box regime, introducing the Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 to parliament. We discuss the latest developments below. ...
Access allowed: exposure draft released for latest copyright reform bill
On 21 December 2021, the Australian Government released an Exposure Draft of the Copyright Amendment (Access Reform) Bill and an accompanying Discussion Paper. This represents the final package of the government's copyright reforms in response to the 2016 Intellectual Property Arrangements inquiry b ...
The Aboriginal Flag may have been freed, but certain restrictions on use still apply
The Australian Government recently acquired the copyright in the Aboriginal Flag and has announced that it is 'freely available for public use'. However, it is not in fact a free-for-all, and there are some important limitations to bear in mind. ...
Amendments to the Designs Act: grace yourselves
Now is the time to review your organisation's strategy for registering and filing designs after the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (Cth) (the Amending Act) received Royal Assent on 10 September 2021. ...