291-300 of 335 results
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 ...
'Bordering on impossible' that husband and wife duo were independent contractors
The Federal Court decided that a husband and wife who worked from home and sometimes outsourced their work were employees instead of independent contractors, making the employer guilty of sham contracting, underpayments and other breaches. ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...
A tender approach to genetic testing
The year has got off to a good start for innovators, with the Federal Court providing some assurance that methods of genetic testing continue to be patentable in Australia. But tender news for some can be a tough outcome for others. ...
Make sure your IP doesn't end up in the bin!
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 ...