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'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
Insight 05 May 2022

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. ...

Intellectual Property rights in wartime
Insight 05 May 2022

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. ...

2022-2023 Budget update – concessional tax rates expanded to agricultural sector and low emissions technology innovations
Insight 12 Apr 2022

In its 2022–23 Budget, the Federal Government announced an expansion of its proposed concessional tax rates to agricultural and low emissions technology innovations. These concessional tax rates for profits derived from eligible intellectual property are known as a 'patent box'. ...

New .au direct domain names available for registration from 24 March 2022
Insight 23 Mar 2022

Further to our last update, new .au direct domain names (eg 'allens.au' instead of 'allens.com.au') have officially launched today. Eligible applicants will have a six month window to apply for priority status to register a .au direct domain name that matches their existing .au domain name. ...

A (further) update on the Australian Patent Box
Insight 02 Mar 2022

The Federal Government has taken a major step towards the implementation of Australia's first patent box regime, introducing the Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 to parliament. We discuss the latest developments below. ...

Austria has united for the Patent Court
Insight 02 Mar 2022

Across Europe, eyes are on the horizon for the United Patent Court (UPC). After years of trials and tribulations, Austria has finally fully ratified the Protocol on the Provisional Application of the UPC Agreement, effective 19 January 2022. The UPC can now begin its preparatory phase. ...

The Aboriginal Flag may have been freed, but certain restrictions on use still apply
Insight 02 Mar 2022

The Australian Government recently acquired the copyright in the Aboriginal Flag and has announced that it is 'freely available for public use'. However, it is not in fact a free-for-all, and there are some important limitations to bear in mind. ...

Milk products, hashtags and the metaverse: the latest trade mark updates
Insight 02 Mar 2022

Over the past few months, the Federal Court and Federal Circuit and Family Court have handed down some important and interesting trade mark decisions concluding: ...

Interlocutory injunction refused based on 'doubtful' patent term extension
Insight 23 Feb 2022

In the fight against patent infringement, challenging the validity of patent term extensions (PTEs) is increasingly becoming the weapon of choice for generic pharmaceutical companies. Since around the mid-2000s, patentees in pharmaceutical patent cases have typically been successful in bids for interlocutory injunctions, aiming to prevent the launch of generic products in Australia. The recent Biogen decision by the Federal Court is the latest in a trend of refusing interlocutory injunctions, and a clear indication the tide is turning. ...

Antibody patent protection in Australia
Insight 10 Feb 2022

Many of the top selling drugs in Australia are antibodies, all part of a global market estimated to reach US$140 billion this year. Recently, the US FDA (Food and Drug Administration) approved the fir ...

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