41-50 of 267 results
Beware the perils of false patent marking
Patent marking is a useful way of notifying the public and potential infringers that monopoly rights exist or are pending in a product. However, falsely marking a product as 'patented' or 'patent pending' is fraught with danger. ...
The importance of getting your entitlement ducks in a row
Ownership and inventorship disputes are a hot topic before the Australian Patent Office (the APO) in 2018. Earlier this year, we reported on the APO decision in Khoury v Sherrard Pty Ltd [2018] APO 20, which highlighted the need to carefully assess the contributions of all those involved in developi ...
A tender approach to genetic testing
The year has got off to a good start for innovators, with the Federal Court providing some assurance that methods of genetic testing continue to be patentable in Australia. But tender news for some can be a tough outcome for others. ...
Italy targets Australian prosecco and Kraft parmesan cheese
Australia and the European Union (the EU) continue to negotiate a free trade agreement (FTA), including as to whether Australian businesses will be prevented from using over 200 food and beverage names. ...
Only Fools (Ltd) infringe the copyright that subsists in a character, says UK court
The Intellectual Property Enterprise Court in the UK recently determined that various entities infringed the copyright that subsisted in the character known as 'Del Boy' from the television show Only Fools and Horses. ...
AI-generated inventions remain unpatentable in Australia – for now
The High Court has decided not to weigh in on the novel issue of whether patent protection is available for AI-generated inventions. ...
New 12th edition Nice Classification comes into force 1 January 2023
The World Intellectual Property Organization (WIPO) has announced that the 12th edition of the Nice Classification – the international system for classifying goods and services for registering trade marks – will come into force in the new year, on 1 January 2023. ...
The Australian Government reframes (and slightly narrows) its public licence of the Aboriginal Flag
If you are considering using the Aboriginal Flag in your marketing and advertising, or otherwise as part of your business, keep the new restrictions in mind. ...
Patenting clinical stage inventions: beware of clinical trial disclosures
Publicly available clinical trial information can form part of the prior art base and pose a significant risk to a patent or patent application. ...
Non-Scotch whisky scotched again
The Scotch Whisky Association (the SWA) has again successfully enforced its certification trade mark for 'SCOTCH WHISKY' in Australia. Although Australia does not currently have a separate system for protecting geographical indications (GIs) other than for wines, GIs can (and often are) protected as ...