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The ending point for 'starting point'
Insight 01 Sep 2014

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 ...

Will .sucks ... suck for your brand?
Insight 05 May 2015

Despite strong criticism of Vox Populis pricing scheme as predatory and exploitative brand owners are paying hefty premiums for early registration in the yourbrandsucks domain string With sunrise registration closing on 29 May 2015 you should now be taking the necessary steps to ensure your company ...

Assessment of biosimilars - Is Australia leading, following or going its own way?
Insight 26 Oct 2016

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 ...

Make sure your IP doesn't end up in the bin!
Insight 24 Apr 2018

A recent Australian Patent Office decision is a salient reminder to carefully assess the contribution of all those involved in design projects, so as to identify who is an inventor. Failure to do so can have serious consequences down the track, affecting the ownership of an invention and the ability ...

Brace for the Twitterstorm – US appeals court to decide whether embedded Tweets infringed copyright
Insight 20 Jun 2018

A US district court judge has found that several online publishers infringed copyright when they embedded Tweets featuring a photograph protected by copyright. The decision has now been appealed, and could have far-reaching consequences for online media outlets. ...

The Federal Court's first look at enablement and support
Insight 20 Jun 2018

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
Insight 23 Aug 2018

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. ...

Discouraging Innovation?
Insight 23 Aug 2018

More companies are investing in software-based products, including those using machine learning, blockchain and the internet of things. But how has the Australian Patent Office been processing patent applications for computer-implemented inventions in the current climate? Senior Associate Robert Mun ...

Second round of changes to Australia's IP laws released for comment
Insight 23 Aug 2018

IP Australia has released draft legislation to implement the second part of the Government's response to the Productivity Commission's inquiry into IP arrangements. Senior Associate Lauren John reports. ...

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