201-210 of 304 results
NZ self-disclosure 'grace period' provisions take effect
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. ...
ACCC's good result in bad faith claim
The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...
'Best method' a heavy burden for patentees
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. ...
A pattern of infringement
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
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
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. ...
Victory for software innovators as APO gets ROKTed
Australian start-up ROKT has had a major win in the fight for software-related inventions. Senior Associate and Patent Attorney Pasquale Aliberti considers the ramifications. ...
Indemnity costs and offers of compromise
How is the Federal Court currently handling the issue of offers of compromise and indemnity costs? Lawyer Phoebe St John recaps Reckitt Benckiser v GSK Australia (No 2) to find out the latest. ...
Four key principles from Sigma v Wyeth
Justice Jagot's mammoth judgment in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth sets down important principles relating to claims for damages under the usual undertaking as to damages, where an interlocutory injunction has been wrongly granted. ...
EU leads the way with counterfeit crackdown
The European Commission has recently established the world's first counterfeit and piracy watch list, which aims to crack down on counterfeiting and piracy both within the European Union and in external suspect markets. Partner Tim Golder and Vacation Clerk Scott Sidley report. ...