61-70 of 317 results
The great escape: tote bags found not to be works of artistic craftsmanship
In an appeal decision, the Full Court of the Federal Court of Australia affirmed a decision that a perforated neoprene tote bag was not a work of artistic craftsmanship because functional considerations outweighed visual or aesthetic ones in the design. As a result, once 50 or more of the bags had b ...
Failure to pay patent renewal fee? Advanta can take advantage of extension of time provision
Advanta Seeds Pty Ltd (Advanta), a broadacre seed company that owns thousands of patents relating to agricultural chemicals, seeds and seed technologies, applied for review of a decision by the Commissioner of Patents refusing its application under s 223 Patents Act 1990 (Cth) (Patents Act) for an e ...
Minimum fines of $10 million – why compliance with the Franchising Code is now more important than ever
In April this year, highly anticipated increases to the financial penalties for contravening the Franchising Code (the Code) came into effect. As a result of these changes, it's essential that business review their franchise agreements to ensure they remain compliant with the Franchising Code. ...
Are your brand protection strategies ready for the metaverse?
In this Insight, we focus on businesses looking to build or expand their brands in the metaverse, and consider some of the issues they may need to grapple with when it comes to protecting their brand rights in this brave new world. ...
High Court relieves anxiety with key patent decision
In the latest in Australia's longest-running pharmaceutical patent term extension litigation, the High Court has found Sandoz infringed a patent, owned by Lundbeck, for a drug used to treat anxiety and depression, by selling generic products during an extended term of the patent ...
Intellectual Property rights in wartime
As Russia's war on Ukraine continues to cause mass devastation to the country and its people, the response of much of the Western world, including Australia, has been to impose a series of economic sanctions against the Kremlin. ...
Parking threats of patent infringement proceedings: UbiPark v TMA Capital Australia
Recently, Justice Moshinsky of the Federal Court granted an interlocutory injunction to restrain a patentee from making further threats of infringement proceedings against the customers and potential customers of an entity against whom the patentee had already made threats. Historically, interlocuto ...
'Oh why' did you copy me? 'Oh I' did no such thing - the UK High Court rules in favour of Ed Sheeran in copyright dispute
The UK High Court has ruled in favour of Ed Sheeran in a copyright dispute concerning his hit song 'Shape of You'. The court held that Ed Sheeran had not, deliberately or subconsciously, copied the hook of an earlier song, 'Oh Why'. We consider this fascinating decision in more detail below. ...
Update on computer-implemented inventions
Digital technologies are shaping the future. Yet, in Australia, a series of Federal Court and Australia Patent Office decisions have not upheld the patentability of computer-implemented inventions. It's hoped the High Court's Aristocrat decision will provide greater certainty for software and ...
ACCC delivers bitter pill on patent settlement
The ACCC proposes to deny authorisation for a patent litigation settlement between Celgene and two generic drug companies. The decision demonstrates a hardening of the ACCC’s views against patent settlements that seek to place restrictions on market participants. ...