21-30 of 243 results

Google v Oracle – a fair stab at APIs
Insight 30 Jun 2021

In a recent decision, the US Supreme Court held that Google did not infringe Oracle's copyright when it took 11,500 lines of functional code to build the Android operating system. The decision upholds the longstanding industry practice of copying this type of code. ...

3D printing – new rules for personalised medical devices
Insight 28 Jun 2021

Australia's new regulations governing personalised medical devices, including 3D-printed devices, will have significant effects. They narrow the definition of custom-made medical devices, which will continue to be given regulatory exemptions but be subject to more regulatory requirements. ...

Franchising Code amendments locked in – what you need to know
Insight 24 Jun 2021

Long-awaited amendments to the Australian Franchising Code have finally been implemented. Changes take effect on 1 July 2021, other than changes to dispute resolution provisions (which came into effect on 2 June 2021), and changes to disclosure documents (which take effect from 1 November 2021). ...

Good news for pharmaceutical innovators – Federal Court confirms patent term extensions should be based on patentee's own product
Insight 23 Jun 2021

In the appeal decision Ono Pharmaceutical Co, Ltd v Commissioner of Patents [2021] FCA 643 (the Ono decision) the Federal Court has overturned the decision of the Australian Patent Office and confirmed that an application for patent term extension (PTE) should be based on the patentee's own product, not that of a third party or competitor product. ...

'Fearless Girl' replica still standing after legal battle
Insight 30 Apr 2021

State Street Global Advisors Trust Company (State Street), the US-based investment management company that originally commissioned the bronze statue known as 'Fearless Girl', has lost its case concerning a replica of the statue unveiled at Melbourne’s Federation Square in 2019. ...

Combe International Ltd v Dr August Wolff: deceptive similarity where it counts
Insight 30 Apr 2021

IP Australia, the Federal Court and the Full Federal Court have considered whether the trade marks VAGISIL and VAGISAN are deceptively similar. The final answer has now been handed down by the Full Federal Court. We take a look at the decision and what it tells us about deceptive similarity. ...

Straight outta USDC: dangers of using a celebrity's name, image or likeness
Insight 30 Apr 2021

Ice Cube recently filed proceedings in the US against the popular trading app Robinhood, to freeze the use of his image and likeness. This highlights the dangers of advertisements using the name, image or likeness of a celebrity without their consent. ...

Fake online reviews – serving an application for discovery on an overseas company
Insight 30 Apr 2021

Decisions on recent applications brought by Seven Consulting, Allision, and Sydney Criminal Lawyers provide some useful guidance on the principles that will apply when seeking leave to serve an application for discovery on an overseas company. ...

Repurposing existing medicines – industry to have its say in reshaping Australia's regulatory future
Insight 25 Mar 2021

The Therapeutics Goods Administration (the TGA) is consulting with the public and industry to potentially reform regulatory and reimbursement frameworks, to incentivise the repurposing of existing medicines. Off-label use (where a medicine is used for a disease or medical condition for which it does ...

In-N-Out of court again
Insight 22 Feb 2021

Hashtag Burger Pty Ltd (Hashtag Burgers) has lost its appeal against In-N-Out Burgers, Inc. (INO Burgers) in the Full Court of the Federal Court of Australia in a bid to overturn Justice Katzmann's finding of trade mark infringement, misleading and deceptive conduct and passing off. ...