171-180 of 310 results
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. ...
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. ...
TGA guidance on the promotion of stem cells and HCT products
The Therapeutic Goods Administration has issued advertising guidance for businesses involved with stems cells and other human cell or tissue products. ...
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. ...
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. ...
What the Packaging and Plastics Bill means for you
This insight examines the Product Stewardship Amendment (Packaging and Plastics) Bill 2019 which aims to combat the use of single-use elastics in Australia by establishing a mandatory product stewardship scheme for manufacturers, importers and distributors. ...
TGA guidance on the promotion of medicinal cannabis
The Therapeutic Goods Administration (TGA) has issued guidance on advertising to the public for businesses involved with medicinal cannabis products and therapies. Along with advertising restrictions, ...
Fonterra v Vitasoy: Turns out you really can grow milk
The Registrar's recent decision in Fonterra Co-Operative Group Limited v Vitasoy International Singapore Pte Ltd reaffirms an assumption of level-headedness in the average consumer, capable of identifying and embracing the spirit of trade marks containing connotations rather than being misled ...
IP Australia moves towards protecting Indigenous knowledge
IP Australia has released a report summarising stakeholder feedback on how Australia's IP system can be improved to protect and promote the integrity of Indigenous Knowledge ...
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. ...