41-50 of 308 results
Patenting clinical stage inventions: beware of clinical trial disclosures
Publicly available clinical trial information can form part of the prior art base and pose a significant risk to a patent or patent application. ...
Franchise disclosure register - complete your profile now!
Most franchisors in Australia are required to have registered on the new Franchise Disclosure Register (Register) by Monday 14 November 2022. We briefly summarise the obligations that franchisors must meet before the Register goes live on Tuesday 15 November 2022. ...
From Sleeping Giant to Awakening Giant – ANDHealth Report on the Australian Digital Health Sector
ANDHealth recently launched its detailed report on the state of the Australian digital health sector, The Awakening Giant: The Rise of Australia's Evidence-Based Digital Health Sector. In this Insight we summarise some of the key takeaways from the report, including key trends and challenges for the Australian market. ...
What's the dish on dishwashing trade marks?
The recent Federal Court case of RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd canvasses a number of trade mark-related issues. In this Insight, we focus on a particularly interesting aspect of the decision – whether the applicant had used its registered marks 'as trade marks' ...
Lindt wins against Lidl over chocolate bunnies in Switzerland
The highest court in Switzerland, the Federal Supreme Court, has overturned a lower court's decision and found that Lidl's chocolate bunnies have infringed Lindt's trade marks for the shape of its own chocolate bunnies. The court has ordered Lidl to 'destroy' – or, to avoid food wastage ...
Microsoft's IP case goes out the window
The most recent decision regarding the six-year intellectual property dispute between Microsoft Corporation and computer retailer and wholesaler CPL serves as a warning about the importance of obtaining all appropriate licences when installing third party software. ...
Non-Scotch whisky scotched again
The Scotch Whisky Association (the SWA) has again successfully enforced its certification trade mark for 'SCOTCH WHISKY' in Australia. Although Australia does not currently have a separate system for protecting geographical indications (GIs) other than for wines, GIs can (and often are) protected as ...
Do the Corner's trade marks live up to their reputation?
Australian courts must often decide whether two trade marks are 'deceptively similar'. A recent Full Federal Court decision emphasises that this deceptive similarity must arise from the resemblance of the marks themselves — not from their actual use or reputation. ...
Case of the 'x' – collaborations in the metaverse
The explosion of the metaverse into popular consciousness has created a wealth of exciting new commercial opportunities for businesses. However, as discussed in more detail in this Insight, these collaborative projects give rise to a number of unique and important legal considerations. ...
In the danger zone? Unpacking the Top Gun: Maverick copyright lawsuit
The long-awaited sequel to 1986's Top Gun, in which Tom Cruise reprises his role as US navy pilot Pete 'Maverick' Mitchell, has taken the global box office by storm. However, whether the studio behind the film had the necessary rights to make it is now the subject of a lawsuit. ...