151-160 of 296 results
Freedom to Feta – where is Australia headed on geographical indications?
With negotiations underway for the free trade agreement between Australia and the European Union (the A-EU FTA), Australian businesses that produce, buy or sell EU and non-EU food, agricultural goods and spirit drinks have to confront the possibility that Australia will agree to give much stronger protection to the names of hundreds of EU products that indicate their geographical origin. We look at some of the key issues in the EU's proposal that would impact Australian businesses' operations and IP portfolios, and consider some of the agreed compromise positions in the EU's other recent FTAs. ...
Bikinis from Way-back-when
In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...
Computer-implemented business methods and manner of manufacture…where do we stand?
In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...
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. ...
Allens advises Cigna on new health venture
The joint venture will aim to offer a range of services for the benefit of health fund members in Australia, to deliver better health outcomes and risk management. Each company will contribute $10 ...
Protecting innovation without patents - data exclusivity and market exclusivity
Developments in patent law and the consequential limitations on patentability for biologic medicines mean that data exclusivity and market exclusivity can be the primary protection afforded to originator biologic medicines This is most stark in the US where patent protection for biologic medicines ...
Australian Consumer Law Review: what you need to know
A major review of the effectiveness of the Australian Consumer Law has now been completed with the release of the Final Report by Consumer Affairs Australia and New Zealand. ...
Finger buns get a thumbs down from Advertising Standards Board
Growing community scepticism of sugar has made its way into the Advertising Standards Board, highlighted in a recent decision brought against Bakers Delights advertising of finger buns ...
Government responds to Productivity Commission's IP inquiry
The Federal Government has released its response to the recommendations proposed by the Productivity Commission following its inquiry into Australias IP arrangements ...