Results for "consumer data right"
411-420 of 844 results for 'consumer data right'
ACCC delivers bitter pill on patent settlement
The ACCC proposes to deny authorisation for a patent litigation settlement between Celgene and two generic drug companies. The decision demonstrates a hardening of the ACCC’s views against patent settlements that seek to place restrictions on market participants. ...
Exhaustion of rights doctrine is now in Australia
Calidad Pty Ltd v Seiko Epson Corporation confirms the exhaustion of rights doctrine now applies to Australian patent law. Patent owners cannot exercise their rights under the Patents Act 1990 (Cth) (Act) over specific patented products once those specific products have been sold onto the market. ...
Federal Court closes the tap on Urban Ale trade mark
In an attempt to sue La Sirène for trade mark infringement, Urban Alley Brewery lost the registration rights to its 'Urban Ale' trade mark, for lack of distinctiveness. We explore how attempting to enforce its trade mark registration rights backfired for Urban Alley. ...
Lawyer or language model? Testing AI’s competence in answering Australian legal questions
The last 24 months have seen generative artificial intelligence (AI) tools advance in leaps and bounds, powered by remarkable developments in large language models (LLMs). Their new capabilities are already having significant impact on the way firms operate, including the legal function. ...
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
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 ...
Escaping IP infringement of renowned handbag
On 6 November 2020, Australian fashion label State of Escape Pty Ltd (State of Escape) – renowned for its 'unique' perforated neoprene handbag – lost its two-year-long battle with Chuchka ...
Toksave - PNG regulatory update: Company re-registration changes and other developments
'Toksave' is PNG Pidgin for 'news', and since we know you are busy, our focus is on capturing the key issues and updates for you. We'd love to hear from you. Please let us know if you need more detail ...
Why is the TGA alleging copyright infringement against Craig Kelly's text messages?
The reproduction of selected extracts from the DAEN on a website controlled by Craig Kelly's United Australia Party (UAP) without the consent of the Federal Government as copyright owner, is likely to amount to copyright infringement. ...
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 ...