21-30 of 245 results

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. ...

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. ...

An update from New Zealand: double patenting win for patentees
Insight 28 Oct 2021

In New Zealand, it is now possible to overcome a double patenting objection by surrendering the parent patent, or by amending the claims of either the parent patent or the divisional application. IPONZ ...

'PROTOX' and 'PROCAT': the Federal Court considers deceptive similarity and the defence of comparative advertising
Insight 28 Oct 2021

Allergan Australia v Self Care IP Holdings and Caterpillar Inc v Puma SE highlight the precise nature of the test required in assessing deceptive similarity, as well as the limits of the comparative advertising defence to infringement. ...

When is a social media post clearly an #ad?
Insight 28 Oct 2021

Social media influencers are increasingly being held to account for failing to disclose advertising content – so businesses working with influencers also need to take note. The recent matter involving Nadia Fairfax and Samsung highlights this. ...

Why is the TGA alleging copyright infringement against Craig Kelly's text messages?
Insight 28 Oct 2021

The reproduction of selected extracts from the DAEN on a website controlled by Craig Kelly's United Australia Party (UAP) without the consent of the Federal Government as copyright owner, is likely to amount to copyright infringement. ...