151-160 of 181 results
'Best method' a heavy burden for patentees
Despite a global trend away from requiring patentees to disclose the best method of performing their invention, Australia continues to impose an arguably obsolete, yet increasingly onerous, statutory best method requirement. ...
Use of your own name must be in good faith
Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. ...
The Full Federal Court dismisses the appeal in Encompass Corporation v InfoTrack
The Full Federal Court decision in Encompass Corporation v InfoTrack confirms that 'computer-implementation' is insufficient to provide patentability to an otherwise unpatentable scheme. ...
Monopolising foods using trade marks
Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...
IP rights and Indigenous Knowledge: the case of gumby gumby
A pending trade mark application concerning the Indigenous term 'gumby gumby' highlights the controversies that arise at the intersection of intellectual property rights and Indigenous culture. ...
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 ...
High Court unanimously finds isolated genetic material not patentable
In the culmination of a hard-fought patent dispute the High Court of Australia has unanimously ruled that Myriad Genetics patent claims to isolated nucleic acid coding for the mutant or polymorphic BRCA1 polypeptide are not valid ...
Comply or say bye to your franchise!
With the new Franchising Code of Conduct and civil pecuniary penalties set to commence in 2015 a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code ...
The ramifications of a Facebook rant
The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...
Is it finally safe to eat frozen berries?
The frozen berries contamination scare that unfolded in 2015 and its 2017 repeat has exposed a regulatory gap at the Australian border. That incident has prompted the introduction of the Imported Food Control Amendment Bill 2017 which, if enacted, will amend the Imported Food Control Act 1992 (Cth). ...