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Unity of porpoise means no mere aqua-escence in latest Trident decision
Insight 11 Aug 2019

The latest appeal decision in a longstanding trade mark feud between US-based seafood giant Trident Seafoods Corporation and Australian company Trident Foods Pty Ltd has eased the burden of establishing authorised use of a trade mark by companies within the same corporate group ...

Bested by 'best method' requirement
Insight 15 Sep 2017

Australias unique statutory best method requirement continues to get the better of patent applicants and patentees Associate Claire Gregg looks at two recent decisions that provide some insight into the requirement of disclosing the best method known to the applicant of performing the invention at ...

The ramifications of a Facebook rant
Insight 22 May 2014

The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...

Fighting to protect Fintech innovations
Insight 03 Dec 2014

The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...

Ambush marketing: traders beware!
Insight 11 Dec 2017

Everyone knows the famous adage that 'the enemy of my enemy is my friend'. But can the friend of my friend be my enemy? In the context of ambush marketing, the answer can be yes. ...

Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
Insight 11 Dec 2017

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 ...

Room for Improvement? Big Data challenges in Health
Insight 11 Dec 2017

'Big data' is revolutionising approaches in all major industries, including the health sector, but Australia's current privacy framework lacks flexibility, and there is insufficient guidance to support compliance. Associate Nick Li looks at the challenges in improving patient care and research outco ...

Tough cheese: Top European court denies copyright protection for taste
Insight 19 Dec 2018

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
Insight 19 Dec 2018

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. ...

NZ self-disclosure 'grace period' provisions take effect
Insight 28 Feb 2019

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. ...

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