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Scintilla: Intellectual Property in Review
Insight 01 Jul 2014

The Allens IP blog Scintilla provides regular insights and analysis on intellectual property law We have published a selection of blog posts in a handy digest for clients In this edition we cover the latest issues in patents trade marks copyright designs and international issues ...

The new look of franchising revealed
Insight 13 Nov 2014

Just over six months after the release of the Exposure Draft for the new Franchising Code of Conduct the new-look Code has been finalised and enacted Partners Tim Golder and Andrew Wiseman and Lawyer Julia Kovarsky report on the practical implications for franchisors ...

Cleaning company franchisor cleaned up by ACCC
Insight 30 Mar 2015

The Federal Court has awarded a substantial penalty of $500,000 against a franchisor that had contravened both the Australian Consumer Law and the Franchising Code of Conduct ...

High Court unanimously finds isolated genetic material not patentable
Insight 08 Oct 2015

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 ...

Full Court comes down hard on business method patent, but software remains patentable
Insight 21 Dec 2015

In an eagerly awaited appeal decision in emRPL Central v The Commissioner of Patentsem the Full Federal Court has decided that the evidence-gathering method the subject of RPL Centrals innovation patent was a mere scheme abstract idea or business method that did not constitute patentable subject ...

Protecting innovation without patents - data exclusivity and market exclusivity
Insight 19 Jul 2016

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 ...

Franchising in the spotlight
Insight 24 Apr 2018

Franchising issues are top of the agenda, with the Senate beginning a parliamentary inquiry into the operation and effectiveness of the Franchising Code of Conduct. Meanwhile, the ACCC has recommitted itself to focusing on Franchising Code issues and business-to-business unfair contract terms. ...

High sugar content can invalidate health claims
Insight 24 Apr 2018

The Federal Court has found that the packaging of the Little Kids Shredz children's food range, produced by food giant Heinz, misled consumers because it suggested the high-sugar products were nutritious and healthy. ...

Recent developments in online copyright infringement laws
Insight 24 Apr 2018

A Senate Committee has approved a Bill to expand the safe harbour regime under the Copyright Act and the Federal Government has closed consultation on the effectiveness of site blocking legislation. ...

Update on changes to Australia's IP laws
Insight 24 Apr 2018

Federal Parliament is considering a Bill to amend Australia's IP laws to implement some aspects of the Government's response to the Productivity Commission's (PC) inquiry into IP arrangements. IP Australia has also released its response to public consultation on several other of the PC's recommendat ...

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