231-240 of 334 results
Important clarifications of Australian trade mark registrability
Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...
Seeing red over yellow
The difficulty of registering a colour mark or word mark denoting a colour that include issues of market place recognition was highlighted by a recent set of appeals revolving around the use of the word Yellow in a tussle between various business directory goods and service providers Partner Sarah ...
Patent examination guidelines in the wake of Myriad
Following public consultation on proposed examination guidelines issued on 16 October 2015 the Commissioner of Patents has established a revised examination practice taking into account the High Courts decision in emDArcy v Myriad Genetics Incem Dr Trevor Davies Partner at Allens Patent amp Trade ...
Full Court comes down hard on business method patent, but software remains patentable
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 ...
Changes to New Zealand patent law - the deadline approaches
Changes to New Zealand's patent legislation which come into effect on 13 September 2014 will align it more closely to Australia's patent law ...
Artificial intelligence and copyright – time to rethink authorship?
The use of artificial intelligence for good and evil has long been the subject of fiction. However, such stories are becoming less far-fetched, raising the issue of who or what is the author of computer-created works, and whether those works are entitled to copyright protection. ...
OMG, LOL – can you trademark textspeak acronyms?
American consumer goods corporation Procter & Gamble is attempting to trade mark abbreviations common to textspeak. Is this NBD, a LOL for the courts, or simply WTF? ...
Full Federal Court overturns decision allowing patent term extension of 'Swiss-style' claims
The Full Federal Court has unanimously held that patent term extensions are not available for second medical use claims involving the use of recombinant DNA technology This decision overturns a controversial finding of the Administrative Appeals Tribunal last year and means that any patent term ...
Banksy stops unauthorised merchandising in Italian museum
A company called Pest Control, which claims to act on behalf of the anonymous street artist Banksy, has won a trade mark infringement claim against an art exhibition organiser for selling Banksy merchandise in a museum gift shop. ...
The EU Copyright Directive – still more questions than answers
Last October, we reported on the European Parliament's vote to adopt changes to the Directive on Copyright in the Digital Single Market. The final form of the Directive was approved in March, and on 15 April, the Council of the European Union gave the Directive the green light. This means Member Sta ...