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The mRNA rush
Insight 30 Jun 2022

There is great potential for mRNA technology to revolutionise future vaccines, and treatment of various conditions such as rare genetic disorders, other infectious diseases and even cancer. The enthusiasm for the technology – or the 'mRNA rush' – is reflected by a spike in patent filings over the past five years, and the growing patent portfolios of key mRNA pioneers and market players. ...

Minimum fines of $10 million – why compliance with the Franchising Code is now more important than ever
Insight 27 Jun 2022

In April this year, highly anticipated increases to the financial penalties for contravening the Franchising Code (the Code) came into effect. As a result of these changes, it's essential that business review their franchise agreements to ensure they remain compliant with the Franchising Code. ...

Botox, floor plans and gaming machines – a High Court update
Insight 30 Jun 2022

Three important IP cases are now before the High Court of Australia. They cover a range of key issues and have the potential to clarify Australian law in some key respects, and may have a significant impact on creators and innovators, as well as users of IP. ...

Mic drop – the Federal Court finds infringement of a registered design
Insight 30 Jun 2022

Registered designs are an important, but sometimes overlooked, form of intellectual property. A recent Federal Court decision has reiterated a number of important principles of Australian designs law, and is a timely illustration that registered designs can be a powerful tool to help organisations protect the visual appearance of their products. ...

The great escape: tote bags found not to be works of artistic craftsmanship
Insight 30 Jun 2022

In an appeal decision, the Full Court of the Federal Court of Australia affirmed a decision that a perforated neoprene tote bag was not a work of artistic craftsmanship because functional considerations outweighed visual or aesthetic ones in the design. As a result, once 50 or more of the bags had b ...

Failure to pay patent renewal fee? Advanta can take advantage of extension of time provision
Insight 30 Jun 2022

Advanta Seeds Pty Ltd (Advanta), a broadacre seed company that owns thousands of patents relating to agricultural chemicals, seeds and seed technologies, applied for review of a decision by the Commissioner of Patents refusing its application under s 223 Patents Act 1990 (Cth) (Patents Act) for an e ...

Are your brand protection strategies ready for the metaverse?
Insight 10 Jun 2022

In this Insight, we focus on businesses looking to build or expand their brands in the metaverse, and consider some of the issues they may need to grapple with when it comes to protecting their brand rights in this brave new world. ...

High Court relieves anxiety with key patent decision
Insight 05 May 2022

In the latest in Australia's longest-running pharmaceutical patent term extension litigation, the High Court has found Sandoz infringed a patent, owned by Lundbeck, for a drug used to treat anxiety and depression, by selling generic products during an extended term of the patent ...

Intellectual Property rights in wartime
Insight 05 May 2022

As Russia's war on Ukraine continues to cause mass devastation to the country and its people, the response of much of the Western world, including Australia, has been to impose a series of economic sanctions against the Kremlin. ...

Parking threats of patent infringement proceedings: UbiPark v TMA Capital Australia
Insight 05 May 2022

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 ...

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