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From Sleeping Giant to Awakening Giant – ANDHealth Report on the Australian Digital Health Sector
Insight 31 Oct 2022

ANDHealth recently launched its detailed report on the state of the Australian digital health sector, The Awakening Giant: The Rise of Australia's Evidence-Based Digital Health Sector. In this Insight we summarise some of the key takeaways from the report, including key trends and challenges for the Australian market. ...

What's the dish on dishwashing trade marks?
Insight 27 Oct 2022

The recent Federal Court case of RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd canvasses a number of trade mark-related issues. In this Insight, we focus on a particularly interesting aspect of the decision – whether the applicant had used its registered marks 'as trade marks' ...

Do the Corner's trade marks live up to their reputation?
Insight 27 Oct 2022

Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...

Case of the 'x' – collaborations in the metaverse
Insight 05 Sep 2022

The explosion of the metaverse into popular consciousness has created a wealth of exciting new commercial opportunities for businesses. However, as discussed in more detail in this Insight, these collaborative projects give rise to a number of unique and important legal considerations. ...

The Federal Court bores down into the 'experimental purposes' exemption to patent infringement
Insight 01 Sep 2022

The Patents Act 1990 (Cth) provides an exemption to patent infringement in relation to acts 'done for experimental purposes'. However, the exemption had not (until recently) been considered by any Australian court. More than a decade after the exemption was introduced, the Federal Court has provided ...

In the danger zone? Unpacking the Top Gun: Maverick copyright lawsuit
Insight 01 Sep 2022

The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...

The Full Federal Court has its say on authorisation of copyright infringement
Insight 01 Sep 2022

The Full Federal Court has delivered its judgment in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd and, although the court ultimately allowed Campaigntrack's appeal, was divided on authorisation of copyright infringement. We analyse this interesting decision and its effects. ...

Food and beverage law bulletin
Insight 08 Aug 2022

Latest insights on what's been happening in food and beverage law; M&A trends: ESG, innovative agriculture, craft beer and plant-based alternatives; an update on trade mark law in the food and beverage sector; and other key developments in 2022. ...

Software-based medical devices: key regulatory requirements, IP considerations and data privacy implications
Insight 28 Jul 2022

Software is increasingly being used as a medical device and in medical devices. It is crucial that businesses understand the regulations that can apply to software-based medical devices, the IP considerations if they wish to protect such devices and the privacy-related risks associated with the collection and use of data from such devices. This Insight explores each of these issues in turn. ...

Failure to pay patent renewal fee? Advanta can take advantage of extension of time provision
Insight 30 Jun 2022

Advanta Seeds Pty Ltd (Advanta), a broadacre seed company that owns thousands of patents relating to agricultural chemicals, seeds and seed technologies, applied for review of a decision by the Commissioner of Patents refusing its application under s 223 Patents Act 1990 (Cth) (Patents Act) for an e ...

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