271-280 of 304 results
Government responds to Productivity Commission's IP inquiry
The Federal Government has released its response to the recommendations proposed by the Productivity Commission following its inquiry into Australias IP arrangements ...
Trade mark owners beware
The Full Federal Court has put trademark owners in Australia making it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners conduct a critical analysis of their trade mark portfolios and ensure that valid rights ...
Franchisors and holding companies liable under Vulnerable Workers Bill
The Federal Government has introduced a Bill that will make franchisors liable for breaches of employment law by franchisees Partner Simon Dewberry and Managing Associate Andrew Stirling report ...
Assessment of biosimilars - Is Australia leading, following or going its own way?
The ongoing lack of certainty about what is required to obtain biosimilar registration in Australia extends to three key issues - Comparability is the new product sufficiently similar to permit it to rely on the reference products safety and efficacy data Extrapolation for which of the indications ...
Protecting innovation without patents - data exclusivity and market exclusivity
Developments in patent law and the consequential limitations on patentability for biologic medicines mean that data exclusivity and market exclusivity can be the primary protection afforded to originator biologic medicines This is most stark in the US where patent protection for biologic medicines ...
Full Court comes down hard on business method patent, but software remains patentable
In an eagerly awaited appeal decision in emRPL Central v The Commissioner of Patentsem the Full Federal Court has decided that the evidence-gathering method the subject of RPL Centrals innovation patent was a mere scheme abstract idea or business method that did not constitute patentable subject ...
Patent examination guidelines in the wake of Myriad
Following public consultation on proposed examination guidelines issued on 16 October 2015 the Commissioner of Patents has established a revised examination practice taking into account the High Courts decision in emDArcy v Myriad Genetics Incem Dr Trevor Davies Partner at Allens Patent amp Trade ...
Food Law Bulletin
In this edition we look at the Federal Governments proposed Country of Origin Labelling that may be rolled out next year the impact on food producers of the broader reach for the health claims standard how ACCC proceedings and a new enforcement guide will give producers and consumers a clearer ...
Not quite business as usual - IP Australia takes pragmatic view of Myriad
IP Australia has taken a pragmatic approach to the Myriad decision that will give comfort to Australias biotechnology industry and research organisations that they can continue to carry out biological RD and be able to obtain patent protection for innovation in Australia Partner Dr Trevor Davies ...
High Court unanimously finds isolated genetic material not patentable
In the culmination of a hard-fought patent dispute the High Court of Australia has unanimously ruled that Myriad Genetics patent claims to isolated nucleic acid coding for the mutant or polymorphic BRCA1 polypeptide are not valid ...