161-170 of 184 results
Honest concurrent use: a rock-solid reminder of the importance of specific evidence
A recent decision of the Full Court of the Federal Court has highlighted that evidence of honest concurrent use of a trade mark must relate to the specific goods or services covered by an application. It's a timely reminder about the need for care in selecting the scope of the goods and services covered by a mark. ...
Swiss claims and skinny labels: Full Federal Court considers infringement
An enlarged bench of the Full Federal Court has considered the principles applying to infringement of Swiss-style claims, with the decision potentially limiting the application of Swiss-style claims in the context of so-called second medical use patents, where the allegedly infringing products are ʽskinny-labelled’. ...
Changes ongoing for product liability and compliance during COVID-19
Amidst increased scrutiny by the Therapeutic Goods Administration and the ACCC, Australian businesses which manufacture personal protective equipment (PPE), detergents and hand sanitiser must remain on top of changes to product laws in the healthcare space in order to avoid potential liability. ...
The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
WIPO PROOF - WIPO's new service can be used to prove the existence and contents of a digital file at a given time. ...
Federal Court closes the tap on Urban Ale trade mark
In an attempt to sue La Sirène for trade mark infringement, Urban Alley Brewery lost the registration rights to its 'Urban Ale' trade mark, for lack of distinctiveness. We explore how attempting to enforce its trade mark registration rights backfired for Urban Alley. ...
From Notepads to iPads – copyright protection in a digital world
With the global transition from analogue to digital, Australia's copyright laws continue to evolve in an attempt to keep up with the digitisation of content. The Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher MP, recently addressed the Australian Digital Alliance about ...
Winning a US copyright suit not as easy as you thought – lessons from Blackbeard, Led Zeppelin and Katy Perry
In the world of music, proving copyright infringement just got harder – which is only one major issue arising from recent US copyright litigation. We give you an update on these significant case ...
Rokt unsuccessful in the Full Court
The Full Court in Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 reversed the decision of the trial judge, finding for the Commissioner of Patents that Rokt's digital advertising systems and methods invention does not constitute patentable subject matter. The decision further clarifies the patentability of computer-implemented inventions at Australian law. ...
No relief from pain for Maxigesic claims
AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 serves as an important reminder of the risks of comparative advertising and the need for adequate scientific foundations to support representations claiming to be based in science. ...
IP rights in the COVID-19 pandemic
As the race for a COVID-19 vaccine and treatment continues, norms around IP use are being upended. Innovators need to navigate the use of their IP in this current climate. ...