241-250 of 321 results
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. ...
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 ...
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. ...
Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...
Review your IP arrangements: IP exemption from competition laws soon to be repealed
Section 51(3) of the Competition and Consumer Act 2010 (CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive conduct in the CCA, will be repealed. ...
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. ...
What do the Swiss and artificial sweetener have to do with patents?
The recent Federal Court decision in Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2019] FCA 28 deals with fascinating issues for patentees seeking to enforce Swiss-style claims against makers of bioequivalent products. ...
A grape result – exporter of copycat Penfolds wines ordered to pay
Companies exporting wine labelled with the Chinese equivalent of Australia's famous Penfolds brand have been ordered to pay more than $350,000 in damages for trade mark infringement. ...
Major new proposals for regulating personalised medical devices
Proposed amendments to the regulation of personalised medical devices, which introduce a set of new internationally haromised definitions will have a significant impact on the industry ...
Assessment of biosimilars - Is Australia leading, following or going its own way?
The ongoing lack of certainty about what is required to obtain biosimilar registration in Australia extends to three key issues - Comparability is the new product sufficiently similar to permit it to rely on the reference products safety and efficacy data Extrapolation for which of the indications ...