21-30 of 276 results

Austria has united for the Patent Court
Insight 02 Mar 2022

Across Europe, eyes are on the horizon for the United Patent Court (UPC). After years of trials and tribulations, Austria has finally fully ratified the Protocol on the Provisional Application of the UPC Agreement, effective 19 January 2022. The UPC can now begin its preparatory phase. ...

Access allowed: exposure draft released for latest copyright reform bill
Insight 02 Mar 2022

On 21 December 2021, the Australian Government released an Exposure Draft of the Copyright Amendment (Access Reform) Bill and an accompanying Discussion Paper. This represents the final package of the government's copyright reforms in response to the 2016 Intellectual Property Arrangements inquiry b ...

Milk products, hashtags and the metaverse: the latest trade mark updates
Insight 02 Mar 2022

Over the past few months, the Federal Court and Federal Circuit and Family Court have handed down some important and interesting trade mark decisions concluding: ...

A (further) update on the Australian Patent Box
Insight 02 Mar 2022

The Federal Government has taken a major step towards the implementation of Australia's first patent box regime, introducing the Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 to parliament. We discuss the latest developments below. ...

Interlocutory injunction refused based on 'doubtful' patent term extension
Insight 23 Feb 2022

In the fight against patent infringement, challenging the validity of patent term extensions (PTEs) is increasingly becoming the weapon of choice for generic pharmaceutical companies. Since around the mid-2000s, patentees in pharmaceutical patent cases have typically been successful in bids for interlocutory injunctions, aiming to prevent the launch of generic products in Australia. The recent Biogen decision by the Federal Court is the latest in a trend of refusing interlocutory injunctions, and a clear indication the tide is turning. ...

Antibody patent protection in Australia
Insight 10 Feb 2022

Many of the top selling drugs in Australia are antibodies, all part of a global market estimated to reach US$140 billion this year. Recently, the US FDA (Food and Drug Administration) approved the ...

Lessons on product branding and trade mark use in the context of halal certification
Insight 17 Dec 2021

In Halal Certification Authority v Flujo Sanguineo Holdings, the court dismissed Halal Certification Authority Pty Ltd's (HCA) claims of trade mark infringement, misleading or deceptive conduct and passing off against the Flujo Group of companies relating to the use of a halal-related trade mark, and ordered that its registration for that mark be cancelled. ...

Managing the risks of brand collaborations – a few top tips
Insight 17 Dec 2021

Brand collaborations can create exciting commercial opportunities for businesses. However, they involve a number of risks. These include, for example, the possibility that a collaborator may suffer unexpected damage to their brand which makes the collaboration no longer commercially viable. Therefor ...

Overcoming roadblocks to blockchain inventions
Insight 17 Dec 2021

In welcome news for technology innovators, a delegate of the Commissioner of Patents recently determined that certain blockchain inventions constituted patentable subject matter. ...

Amendments to the Designs Act: grace yourselves
Insight 28 Oct 2021

Now is the time to review your organisation's strategy for registering and filing designs after the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (Cth) (the Amending Act) received Royal Assent on 10 September 2021. ...