241-250 of 324 results
The ending point for 'starting point'
The Full Federal Court has published its much-anticipated judgment in the AstraZeneca v Apotex appeal A bench of five judges heard the appeal in contrast to the usual three judges in order to be able to clarify or overrule if appropriate an earlier Full Court decision relating to the correct test ...
Meat marks update
Two recent trade mark disputes illustrate that even where marks share similar elements, they are unlikely to be deceptively similar if the overall impression created by each mark is substantially different. ...
Tough cheese: Top European court denies copyright protection for taste
Dutch food company Levola attempted to claim copyright in the taste of its cheesy dip, but the European Court of Justice left it feeling blue. ...
Victory for software innovators as APO gets ROKTed
Australian start-up ROKT has had a major win in the fight for software-related inventions. Senior Associate and Patent Attorney Pasquale Aliberti considers the ramifications. ...
Don't sweat it - Federal Court finds 'clinical strength' claims on deodorant were not misleading
The Federal Court found in a dispute between Unilver and Beiersdorf, that the use of 'clinical strength' marketing in relation to Nivea deodorants was not false, misleading or deceptive as Unilever had claimed. ...
NZ self-disclosure 'grace period' provisions take effect
On 30 December 2018, New Zealand introduced a one year 'grace period' for filing a patent application following an inadvertent public self-disclosure of the invention. Associate Claire Gregg takes a closer look at how the new provision protects applicants. ...
An overhaul of regulation of software as a medical device - what's on the horizon?
Proposed new regulatory rules for software as a medical device will if enacted have serious implications for suppliers to the Australian market who will likely have to meet more stringent requirements that could conflict with those in the US and Europe Special Counsel Ric Morgan and Senior Associate ...
'Fairness in Franchising' report: What you need to know
The Parliamentary Joint Committee on Corporations and Financial Services has completed its inquiry into the operation and effectiveness of the Franchising Code of Conduct the Franchising Code The Committees report recommends 71 wide-ranging recommendations to address perceived power imbalances and ...
Faster TGA disclosure - what it means for pharmaceutical patent litigation
The TGA has consulted on whether it should disclose earlier that a prescription medicine is under evaluation and what types of prescription medicines should be published. ...
Imitation is not always the sincerest form of flattery
In this issue we examine a patentees ability to enforce Swiss-style claims against makers of bioequivalent products following the Mylan Health decision ...