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From Budapest to Wellington – Patents for microorganisms in New Zealand
Insight 18 Apr 2019

New Zealand recently acceded to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty), which came into force in New Zealand on 17 March 2019. Managing Associate Tony Shaw discusses what this means for patent appli ...

When you use what doesn't Belong to you…
Insight 18 Apr 2019

Telstra Corporation Limited v BelongEnergy Pty Ltd (VID206/2019), recently resolved by consent orders in Telstra's favour, highlights the importance and utility of adequate trade mark protection. ...

A pattern of infringement
Insight 28 Feb 2019

The recent decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 on what constitutes the reproduction of a substantial part of a copyright work offers a timely reminder for Australian textile merchants on how best to thread the needle when purchasing designs from third-party manu ...

Don't sweat it - Federal Court finds 'clinical strength' claims on deodorant were not misleading
Insight 28 Feb 2019

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. ...

McDonald's gets bite taken out of trade mark portfolio
Insight 28 Feb 2019

The European Union Intellectual Property Office recently revoked the McDonald's 'BIG MAC' trade mark. Associate Emma Gorrie and Summer Clerk Spiro Kalavritinos detail how one of the world's most well-known brands suffered this blow in relation to its namesake product. ...

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. ...

Government proposes major changes to privacy law
Insight 09 Apr 2019

The Federal Government has proposed radically increased financial penalties and new powers for the Office of the Australian Information Commissioner in the wake of increased scrutiny of social media platforms and a growing consensus that Australias privacy legislation has fallen behind global norms ...

Imitation is not always the sincerest form of flattery
Insight 18 Apr 2019

In this issue we examine a patentees ability to enforce Swiss-style claims against makers of bioequivalent products following the Mylan Health decision ...

'Best method' a heavy burden for patentees
Insight 28 Feb 2019

Despite a global trend away from requiring patentees to disclose the best method of performing their invention, Australia continues to impose an arguably obsolete, yet increasingly onerous, statutory best method requirement. ...

Significant fee changes for patents and trade marks are coming in New Zealand
Insight 18 Apr 2019

Intellectual Property Office of New Zealand announced a number of patent and trade mark fee changes including a significant increase in official fees throughout the lifecycle of a patent, and moderate fee reductions for trade marks to take effect later in 2019 ...

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