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InIP: What's happening in intellectual property - August 2023
Your regular wrap-up of some of the world's leading and intriguing IP stories. ...
The mRNA rush
There is great potential for mRNA technology to revolutionise future vaccines, and treatment of various conditions such as rare genetic disorders, other infectious diseases and even cancer. The enthusiasm for the technology – or the 'mRNA rush' – is reflected by a spike in patent filings over the past five years, and the growing patent portfolios of key mRNA pioneers and market players. ...
The great escape: tote bags found not to be works of artistic craftsmanship
In an appeal decision, the Full Court of the Federal Court of Australia affirmed a decision that a perforated neoprene tote bag was not a work of artistic craftsmanship because functional considerations outweighed visual or aesthetic ones in the design. As a result, once 50 or more of the bags had b ...
Proposed changes to FIRB approval rules
On 14 February 2022, the Government released proposed changes to the FIRB approval rules, in the form of an exposure draft of the Foreign Acquisitions and Takeovers Amendment Regulations 2022 which would amend the Foreign Acquisitions and Takeovers Regulations 2015. We outline and comment on the changes proposed. ...
A (further) update on the Australian Patent Box
The Federal Government has taken a major step towards the implementation of Australia's first patent box regime, introducing the Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 to parliament. We discuss the latest developments below. ...
New .au direct domain names available for registration from 24 March 2022
Further to our last update, new .au direct domain names (eg 'allens.au' instead of 'allens.com.au') have officially launched today. Eligible applicants will have a six month window to apply for priority status to register a .au direct domain name that matches their existing .au domain name. ...
Payments regulation reform: the Government consults on broad changes to payments system regulation
The Australian Treasury's recent publication of three significant, and long awaited, payment regulation documents means providers of payments and related services should consider the potential impact of the proposed changes on their business and licensing obligations. ...
Google v Oracle – a fair stab at APIs
In a recent decision, the US Supreme Court held that Google did not infringe Oracle's copyright when it took 11,500 lines of functional code to build the Android operating system. The decision upholds the longstanding industry practice of copying this type of code. ...
Global ESG themes shaping the Australian legal outlook
2022 will provide a practical demonstration of the appetite for ESG-led change that governments, major corporates and financial institutions all have, and how far this will feed into smaller businesses and everyday life. We explore key ESG themes shaping the legal outlook for businesses in 2022. ...
An update from New Zealand: double patenting win for patentees
In New Zealand, it is now possible to overcome a double patenting objection by surrendering the parent patent, or by amending the claims of either the parent patent or the divisional application. IPONZ ...