201-210 of 211 results
Trade mark owners beware
The Full Federal Court has put trademark owners in Australia making it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners conduct a critical analysis of their trade mark portfolios and ensure that valid rights ...
Is it finally safe to eat frozen berries?
The frozen berries contamination scare that unfolded in 2015 and its 2017 repeat has exposed a regulatory gap at the Australian border. That incident has prompted the introduction of the Imported Food Control Amendment Bill 2017 which, if enacted, will amend the Imported Food Control Act 1992 (Cth). ...
The Mark of Milk and Money: a2 vs Lion
The widely reported dispute between The a2 Milk Company and Lion about their milk advertising is proving to be a frothy fight, providing food manufacturers with valuable lessons, even before a judgment has been handed down. ...
Protecting innovation without patents - data exclusivity and market exclusivity
Developments in patent law and the consequential limitations on patentability for biologic medicines mean that data exclusivity and market exclusivity can be the primary protection afforded to originator biologic medicines This is most stark in the US where patent protection for biologic medicines ...
High Court unanimously finds isolated genetic material not patentable
In the culmination of a hard-fought patent dispute the High Court of Australia has unanimously ruled that Myriad Genetics patent claims to isolated nucleic acid coding for the mutant or polymorphic BRCA1 polypeptide are not valid ...
Important clarifications of Australian trade mark registrability
Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...
Fighting to protect Fintech innovations
The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...
Comply or say bye to your franchise!
With the new Franchising Code of Conduct and civil pecuniary penalties set to commence in 2015 a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code ...
Isolated genetic material confirmed as patentable
In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...
The ending point for 'starting point'
The Full Federal Court has published its much-anticipated judgment in the AstraZeneca v Apotex appeal A bench of five judges heard the appeal in contrast to the usual three judges in order to be able to clarify or overrule if appropriate an earlier Full Court decision relating to the correct test ...