25 September, 2017
Spruson New gTLD Sunrise Availability October – November 2017

Generic top-level domains (gTLD) such as .com, .net and .org typically cycle through a “Sunrise Period” prior to becoming available to the general public. The … MORE

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22 September, 2017
Spruson Production of Documents from the United States for Use in Australian Patent Litigation

Introduction In the United States discovery of documents for use in proceedings outside the U.S. is articulated in Title 28 of the Code of Laws … MORE

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14 September, 2017
Spruson Australia Update: Trade Mark Owners - When your Trade Mark Licence Becomes a Franchise

If you have an arrangement where you allow another party to use your trade mark for certain goods or services, and you have certain rights to say how the business may be conducted, you may be treading into franchise territory. MORE

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11 September, 2017
Spruson Ensuring valid protection of your design in Australia

Some recent examples of prior publication of designs have highlighted the need for Australian designers to be vigilant to avoid any public disclosure of their design prior to filing a design application. MORE

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06 September, 2017
Spruson Myanmar Update: Prepare Now for the New Trademark Law

A modern trademark system in Myanmar could be only months away with the draft trademark law currently under review by the Myanmar Parliament. Myanmar has been working on its first formal trademark law (“the Law”) for many years, as part of a broader process to overhaul the country’s legal framework to facilitate and encourage businesses to invest and expand in Myanmar. MORE

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31 August, 2017
Spruson Commonwealth of Australia v Sanofi: Hearing of Commonwealth's Claim Commences in Federal Court of Australia

A six-week hearing in the Federal Court of Australia commenced this week to decide whether the Commonwealth is entitled to damages related to generics being delayed from listing on the Pharmaceutical Benefits Scheme. MORE

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31 August, 2017
Spruson Protection of Second and Subsequent Medical Use in Singapore

In Singapore, second and subsequent medical use of a known substance has traditionally been claimed as Swiss-style claims which take the form of “Use of compound X in the manufacture of a medicament for treating disease Y”. Recently, two court cases, have shed some light, for the first time in Singapore, on how these claims are to be treated. MORE

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29 August, 2017
Spruson Copyright and Trade Mark Reform: Australian Government Responds to Productivity Commission’s Final Report on IP Arrangements in Australia

On 25 August 2017, the Australian Government released its response to the Productivity Commission’s Final Report on Intellectual Property (IP) arrangements in Australia. In this article, we outline the Government’s response to the Productivity Commission’s final recommendations in regard to copyright, trade marks and section 51(3) of the Competition and Consumer Act 2010 (Cth). MORE

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28 August, 2017
Spruson A recipe for patent reform: Australian Government releases its response to Productivity Commission’s Final Report on IP Arrangements in Australia

Late last week, the Australian Government published its much-anticipated response to the Productivity Commission’s Inquiry into IP Arrangements in Australia. The response follows the Commission’s … MORE

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18 August, 2017
Spruson Australia Update: Patent Term Extensions Not Available on the Basis of Swiss-style Claims

AbbVie Biotechnology Ltd v Commissioner of Patents [2016] AATA 682 has been overturned. Today, the Full Federal Court set aside a decision of the Administrative Appeals Tribunal thereby making it clear that patent term extension (PTE) may not be granted on the basis of Swiss-style claims. MORE

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17 August, 2017
Spruson Unitary Patent and Unified Patent Court – An Update

In June last year we reported that the proposed new Unitary Patent and Unified Patent Court (UPC) of the European Union (EU) were expected to be delayed following the “Brexit” vote by the United Kingdom (UK) to leave the EU in a referendum held on 23 June 2016. MORE

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11 August, 2017
Spruson China releases new Administrative Measures for Prioritized Examination of Patent Applications

China’s State Intellectual Property Office (SIPO) has released new Administrative Measures for Prioritized Examination of Patent Applications (“the Measures”) which provide broader conditions for prioritized examinations, but also include new entitlements for foreign applicants. MORE

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10 August, 2017
Spruson Thailand Joins the Madrid Protocol

On 7 August 2017, Thailand joined the Madrid system after its instrument of accession to the Madrid Protocol was deposited with WIPO’s Director-General. MORE

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08 August, 2017
Spruson Malaysia and the Philippines commence PPH pilot program with EPO

The Intellectual Property Office of the Philippines (IPOPHL) and the Intellectual Property Corporation of Malaysia (MyIPO) have commenced a Patent Prosecution Highway (PPH) Pilot Program with the European Patent Office (EPO). MORE

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04 August, 2017
Spruson Singapore Update: Progressive Developments in the Patents Regime in Singapore

The Intellectual Property Office of Singapore (IPOS) has launched a new service which will give the public improved access to patent documents in Singapore and released a number of proposals to enhance Singapore’s patents regime. MORE

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03 August, 2017
Spruson Asia-Pacific Regional Trade Mark Update - August 2017

Our Asia-Pacific Regional Trade Mark Update provides a summary of recent trade mark decisions and current trends in trade marks in a number of markets across the region. MORE

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26 July, 2017
Spruson New Zealand joins the GPPH pilot program

On 6 July 2017, the Intellectual Property Office of New Zealand (IPONZ) became a participating patent office in the Global Patent Prosecution Highway (GPPH). The GPPH is a pilot program for providing accelerated patent prosecution by sharing information between participating patent offices. MORE

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24 July, 2017
Spruson New gTLD Sunrise Availability August - September 2017

Generic top-level domains (gTLD) such as .com, .net and .org typically cycle through a “Sunrise Period” prior to becoming available to the general public. MORE

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14 July, 2017
Spruson India Update: Pro-patentee shift in India for Computer-Related Inventions

The Indian Patent Office has issued a further revision of their Guidelines for Examination of Computer Related Inventions (CRIs), effective from 30 June 2017, which aligns their practices more closely with those of Patent Offices in the US, UK and Europe and includes changes which signal a pro-patentee shift in their approach to CRIs. MORE

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08 June, 2017
Spruson Plant IP Protection in Australia: Patent, Plant Breeder's Rights, or both?

In Australia, plant varieties, including genetically modified plants, can be protected under both the Australian Plant Breeder’s Rights Act 1994 (the “PBR Act”) and the Australian Patents Act 1990. By applying for protection under both systems, breeders can gain an extra layer of protection for their variety. In addition protection under one system does not prevent a breeder from obtaining protection for their variety under the other. MORE

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