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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 ...
'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. ...
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. ...
Australia clarifies its position on AI inventorship
Australia has once again grappled with the vexed issue of whether patent protection should be granted for AI-generated inventions. The Full Court's decision means Australia's position on AI inventorship now aligns with that of the United Kingdom, the United States and the European Union, which have so far rejected AI inventorship. ...
2022-2023 Budget update – concessional tax rates expanded to agricultural sector and low emissions technology innovations
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
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. ...
Milk products, hashtags and the metaverse: the latest trade mark updates
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
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
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 ...