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Global trends in intellectual property
Insight 18 Dec 2019

The World Intellectual Property Organization (WIPO) has recently published two reports identifying key hotspots for innovation, and key markets for patent, trade mark and design filing. ...

Computer-implemented business methods and manner of manufacture…where do we stand?
Insight 17 Dec 2019

In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...

IP rights and Indigenous Knowledge: the case of gumby gumby
Insight 17 Dec 2019

A pending trade mark application concerning the Indigenous term 'gumby gumby' highlights the controversies that arise at the intersection of intellectual property rights and Indigenous culture. ...

Bikinis from Way-back-when
Insight 17 Dec 2019

In the recent Federal Court decision of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662, Justice Murphy weighed into the Wayback debate: 'Are screenshots obtained from the "Wayback Machine" admissible as evidence?'. By admitting screenshots of this kind into evidence (on certain conditions), the court sanctioned further use of the Wayback Machine. It also made an important distinction between use of a sign as a trade mark and use of a sign as a style name. ...

The rise of plant-based 'meats' and emerging legal issues
Insight 12 Dec 2019

The demand for plant-based 'meat' alternatives is predicted to grow. As with any new industry, there is a series of regulatory issues that businesses should carefully navigate at the early planning phase. This is to avoid encountering issues down the track that may affect the marketing and supply of such products in Australia. ...

Freedom to Feta – where is Australia headed on geographical indications?
Insight 10 Dec 2019

With negotiations underway for the free trade agreement between Australia and the European Union (the A-EU FTA), Australian businesses that produce, buy or sell EU and non-EU food, agricultural goods and spirit drinks have to confront the possibility that Australia will agree to give much stronger protection to the names of hundreds of EU products that indicate their geographical origin. We look at some of the key issues in the EU's proposal that would impact Australian businesses' operations and IP portfolios, and consider some of the agreed compromise positions in the EU's other recent FTAs. ...

TGA guidance on the promotion of stem cells and HCT products
Insight 10 Dec 2019

The Therapeutic Goods Administration has issued advertising guidance for businesses involved with stems cells and other human cell or tissue products. ...

Healthcare trend watch 2019
Insight 09 Dec 2019

The healthcare team at Allens reports on some key trends and sectors to look out for in 2020. ...

Monopolising foods using trade marks
Insight 09 Dec 2019

Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...

The intersection of data and ethics in AI
Insight 09 Dec 2019

We are currently at a fascinating time in Australia, where the data space has seen an enormous amount of new regulation over the last few years and faces significant potential regulation on the horizon. The likely impact of these changes on the way in which we deal with data and, in turn, the way in which we might deal with ethics raises a number of compelling (and complicated) questions - particularly as they relate to AI. Technology, Media & Telecommunications Partner Michael Park sat down with Dr Maria Rosario Todao, Deputy Director of the Digital Ethics Lab at Oxford University, to discuss the intersection of these themes and the emerging trends around the world. ...

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