Results for "consumer data right"
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What's happening in intellectual property - April 2024
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
The Federal Court bores down into the 'experimental purposes' exemption to patent infringement
The Patents Act 1990 (Cth) provides an exemption to patent infringement in relation to acts 'done for experimental purposes'. However, the exemption had not (until recently) been considered by any Australian court. More than a decade after the exemption was introduced, the Federal Court has provided ...
You can't always get (the trade mark registration) you want: Rock Royalty, Aunty Helen, Jacindarella and bad faith
Does a trade mark for JAGGER & STONE remind you of a certain rock band? Should New Zealand's former Prime Minister have the right to oppose trade mark registration of her nickname? Recent Trade Mark Office decisions in Australia and New Zealand shine a light on the opposition ground of bad faith. ...
Sachin hits Spartan for six
The dispute between Sachin Tendulkar and Australian bat-maker Spartan Sports over a breach of a sponsorship agreement has ended with Spartan paying a hefty settlement sum, cancelling valuable trade marks and delivering a public apology. This case shows the risks of public disputes with high-profile celebrities. ...
Non-Scotch whisky scotched again
The Scotch Whisky Association (the SWA) has again successfully enforced its certification trade mark for 'SCOTCH WHISKY' in Australia. Although Australia does not currently have a separate system for protecting geographical indications (GIs) other than for wines, GIs can (and often are) protected as ...
Removal of trade marks for non-use – a bittersweet end for "LIME"
A recent Federal Court decision has highlighted how different factors can impact the assessment of a non-use application under section 92(4) of the Trade Marks Act 1995 (Cth).1 The Taxiprop decision c ...
Just in time: the full spectrum of amendments to the Security of Critical Infrastructure regime now passed
The final anticipated amendments to the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act) have been passed in the nick of time, making their way through the Senate in its last sitting before the 2022 Federal Election. These latest amendments introduce new and enhanced obligations for risk management programs and security respectively, and the concept of ‘systems of national significance’. ...
Ugg of war over sheepskin boots in the US
An appellate court in the US has ruled that the word 'UGG' is capable of trade mark registration in the US for footwear because it is not a generic term – at least in the US – to describe what Australians would call 'ugg boots'. ...
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. ...
Disclosure of climate-related financial risk: major change is imminent
There has been a global proliferation of voluntary reporting standards that companies might adopt with respect to disclosure of climate change-related financial risk. ...