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Unpacking the world first decision: Australia says ‘yes’ to AI inventors
Webinar: Unpacking the world first decision: Australia says ‘yes’ to AI inventors ...
An update on the Australian Patent Box and what you need to do next
Following the announcement by the Federal Government that Australia will introduce a patent box, Treasury has now released a discussion paper on the policy design for this new initiative (the Discussion Paper). The closing date for submissions is 16 August 2021. Ahead of that deadline, we discuss a ...
World first: Australia says ‘yes’ to AI inventors
The decision in Thaler v Commissioner of Patents [2021] FCA 879 is the first judicial determination in the world in favour of AI systems being named as inventors of a patent. The availability of patent protection for AI-generated inventions is a vexed and controversial issue. ...
Where did you get those shoes? Manolo Blahnik seeks preliminary discovery against Estro Concept
Luxury shoe brand Manolo Blahnik sought preliminary discovery from designer outlet store Estro Concept (Estro) to determine whether it had a right to obtain relief for trade mark infringement and misleading conduct. ...
No parody or satire defence for Clive Palmer's Twisted Sister rip-off
Clive Palmer's 'Australia's Not Gonna Cop It' jingle has been found to infringe copyright in Twisted Sister's hit 'We're Not Gonna Take It', with the Federal Court awarding $1.5 million in damages against the billionaire. ...
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'. ...
Final report on review of Australia’s patent system
The Federal Government has released the final report on the review of the accessibility of patents for small and medium sized enterprises (SMEs), which follows the phasing-out of the innovation patent system in Australia. ...
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. ...
Good news for pharmaceutical innovators – Federal Court confirms patent term extensions should be based on patentee's own product
In the appeal decision Ono Pharmaceutical Co, Ltd v Commissioner of Patents [2021] FCA 643 (the Ono decision) the Federal Court has overturned the decision of the Australian Patent Office and confirmed that an application for patent term extension (PTE) should be based on the patentee's own product, not that of a third party or competitor product. ...
'Fearless Girl' replica still standing after legal battle
State Street Global Advisors Trust Company (State Street), the US-based investment management company that originally commissioned the bronze statue known as 'Fearless Girl', has lost its case concerning a replica of the statue unveiled at Melbourne’s Federation Square in 2019. ...