261-266 of 266 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. ...
Isolated genetic material confirmed as patentable
In a unanimous decision the Full Federal Court has confirmed that genetic materials in their isolated form remain patentable in Australia The decision related to an appeal from an earlier Federal Court decision in which it was found isolated nucleic acids to be a manner of manufacture as required by ...
The Federal Court's first look at enablement and support
The Federal Court has taken a first look at the enablement and support provisions of section 40 of the Patents Act 1990 (Cth) (the Act) as amended by the 'Raising the Bar' Act 2012 (Cth) (RTB). ...
Beware the perils of false patent marking
Patent marking is a useful way of notifying the public and potential infringers that monopoly rights exist or are pending in a product. However, falsely marking a product as 'patented' or 'patent pending' is fraught with danger. ...
Four key principles from Sigma v Wyeth
Justice Jagot's mammoth judgment in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth sets down important principles relating to claims for damages under the usual undertaking as to damages, where an interlocutory injunction has been wrongly granted. ...
Indemnity costs and offers of compromise
How is the Federal Court currently handling the issue of offers of compromise and indemnity costs? Lawyer Phoebe St John recaps Reckitt Benckiser v GSK Australia (No 2) to find out the latest. ...