161-170 of 299 results
Computer-implemented business methods and manner of manufacture…where do we stand?
In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...
Bikinis from Way-back-when
In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...
IP rights and Indigenous Knowledge: the case of gumby gumby
A pending trade mark application concerning the Indigenous term 'gumby gumby' highlights the controversies that arise at the intersection of intellectual property rights and Indigenous culture. ...
Freedom to Feta – where is Australia headed on geographical indications?
With negotiations underway for the free trade agreement between Australia and the European Union (the A-EU FTA), Australian businesses that produce, buy or sell EU and non-EU food, agricultural goods and spirit drinks have to confront the possibility that Australia will agree to give much stronger protection to the names of hundreds of EU products that indicate their geographical origin. We look at some of the key issues in the EU's proposal that would impact Australian businesses' operations and IP portfolios, and consider some of the agreed compromise positions in the EU's other recent FTAs. ...
TGA guidance on the promotion of stem cells and HCT products
The Therapeutic Goods Administration has issued advertising guidance for businesses involved with stems cells and other human cell or tissue products. ...
Monopolising foods using trade marks
Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...
What the Packaging and Plastics Bill means for you
This insight examines the Product Stewardship Amendment (Packaging and Plastics) Bill 2019 which aims to combat the use of single-use elastics in Australia by establishing a mandatory product stewardship scheme for manufacturers, importers and distributors. ...
TGA guidance on the promotion of medicinal cannabis
The Therapeutic Goods Administration (TGA) has issued guidance on advertising to the public for businesses involved with medicinal cannabis products and therapies. Along with advertising restrictions, ...
IP Australia moves towards protecting Indigenous knowledge
IP Australia has released a report summarising stakeholder feedback on how Australia's IP system can be improved to protect and promote the integrity of Indigenous Knowledge ...
Ultra Tune's small victory in Franchising Code case
Earlier this year, InIP reported on a case brought by the ACCC alleging various breaches of the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Franchising Code). Ultra Tune Australia Pty Ltd (Ultra Tune) was found to have committed numerous breaches of the Franchising Code. ...