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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

The recently delegated news domain string has the potential to impact brand owners universally particularly now that registrations in the news domain string are open for general availability With no eligibility requirements and low registration costs news has a high risk of infringement at the ...

At the core of many successful startups is a simple but brilliant idea ...