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InIP: What's happening in intellectual property - February 2023
Insight 28 Feb 2023

Your regular wrap-up of some of the world's leading and intriguing IP stories. ...

Only Fools (Ltd) infringe the copyright that subsists in a character, says UK court
Insight 21 Dec 2022

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
Insight 21 Dec 2022

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
Insight 21 Dec 2022

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. ...

Italy targets Australian prosecco and Kraft parmesan cheese
Insight 21 Dec 2022

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. ...

The Australian Government reframes (and slightly narrows) its public licence of the Aboriginal Flag
Insight 14 Dec 2022

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
Insight 25 Nov 2022

Publicly available clinical trial information can form part of the prior art base and pose a significant risk to a patent or patent application. ...

Microsoft's IP case goes out the window
Insight 28 Oct 2022

The most recent decision regarding the six-year intellectual property dispute between Microsoft Corporation and computer retailer and wholesaler CPL serves as a warning about the importance of obtaining all appropriate licences when installing third party software. ...

Non-Scotch whisky scotched again
Insight 28 Oct 2022

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 ...

What's the dish on dishwashing trade marks?
Insight 28 Oct 2022

The recent Federal Court case of RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd canvasses a number of trade mark-related issues. In this Insight, we focus on a particularly interesting aspect of the decision – whether the applicant had used its registered marks 'as trade marks' ...

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