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Breaking news
Two important developments have unfolded over the past week. The InIP editors report ...
DABUS ignites debate on AI inventorship
Patent offices in the UK and Europe, UKIPO and EPO have rejected Stephen Thaler's DABUS application naming artificial intelligence as inventors. Both patent offices found that DABUS, being a machine, could hold no rights and could not transfer any rights as the inventor to the applicant as successor ...
Federal Court decides second round of fencing (patent) duel
This Insight examines the consequences of a patent dispute concerning a patent for a 'fence plinth'. This dispute highlights some of the key elements of any patent dispute such as how meaning of ordinary terms in the patent must be understood in the context of the whole patent specification. ...
Franchisors beware: pecuniary penalties wash Geowash clean
A recent Federal Court decision imposed significant pecuniary penalties on a franchisor as well as its sole director and national franchising manager for unfair dealings with franchisees ...
The house always wins – the latest on Crown Resorts v Zantran
The Full Federal Court has overturned the trial decision in Crown Resorts Limited v Zantran Pty Limited [2020] FCAFC 1, and cast further light on the enforceability of employee confidentiality agreements in the context of civil litigation. ...
Product safety priorities — the ACCC's focus for 2020
The Australian Competition and Consumer Commission is planning to prioritise five key product safety issues fitting broadly within the categories of the Takata airbag recall, safety risks for infants and children, and e-commerce. We report on what is planned for 2020. ...
Employee's or employer's? Apple serves as a reminder of IP ownership in the startup sphere
In a world of tech start-ups and innovation, securing IP rights has never been so important. The question of 'who owns what?' continues to present issues even to Apple Inc, as employees branch out to capitalise on creativity. Apple's recent claim against a former employee is a timely reminder of the ...
Sussex Royal – financial independence or cashing in on the crown?
The Sussex Royal trademark saga is a reminder that a proactive IP protection strategy is 'royally' important when seeking to launch and protect well-known brands. ...
IPONZ fee changes – how you can save on patent and trade mark fees
On 13 February 2020, official patent fees will significantly increase in New Zealand, while certain trade mark fees are set to decrease. Associate Claire Gregg outlines the new fee structure and potential ways to save. ...
Parmesan by any other name: geographical indications loom large for Australian businesses
Australian businesses may have to change the names of a range of food, drinks and agricultural products after the EU asked Australia to protect a list of hundreds of names under the proposed Australia-EU Free Trade Agreement (A-EU FTA). ...