23 December, 2016
Spruson Thailand Update: New Specialized Appeal Court will benefit IP matters

The judiciary structure for intellectual property (IP) cases in Thailand has changed, following the opening of a Specialized Appeal Court on 1 October 2016. With the opening of the new Court, Thailand has moved to a three-tier system, which is expected to enhance the rationality, speed and efficiency of IP decisions. MORE

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22 December, 2016
Spruson Australian Government releases Productivity Commission's final report on IP arrangements

In December 2016 the Australian Government released the Productivity Commission’s final Report on Intellectual Property (IP) arrangements in Australia. MORE

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21 December, 2016
Spruson Asia-Pacific Regional Trade Mark Update - December 2016

We’ve summarised a number of recent trade mark decisions from across the Asia-Pacific region to provide an update to practitioners and brand owners on current trends in trade marks in these markets. MORE

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20 December, 2016
Spruson Australia Update: Carriage service providers ordered to block illegal torrent and streaming websites

Yesterday (Thursday 15 December) the Federal Court of Australia handed down its decision in proceedings brought by Roadshow and Foxtel against various carriage service providers including Telstra, Optus, iinet and TPG under new copyright laws introduced in 2015. MORE

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14 December, 2016
Spruson Indochina Updates - Developments in Vietnam, Cambodia and Laos

New official fees in Vietnam to take effect from 1 January 2017 The Ministry of Finance of Vietnam has issued a Circular (No. 263/2016/TT-BTC) stipulating … MORE

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13 December, 2016
Spruson Kickstarting Crowd-sourced Funding in Australia

Introduction Legislation aimed at providing Australian innovators with alternative funding means was reintroduced to Parliament in late November. The Corporations Amendment (Crowd-sourced Funding) Bill 2016 … MORE

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06 December, 2016
Spruson Singapore Update: Pros and Cons of Obtaining Patent Protection via the Foreign Route

As we have previously reported, the Intellectual Property Office of Singapore (IPOS) has postponed the closing of the Foreign Route until 1 January 2020 and has decided not to impose official fees for this patent prosecution option. MORE

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06 December, 2016
Spruson Trade Marks Guide For Australia Now Available

We are pleased to announce the launch of our new Trade Marks Guide for Australia. The guide provides a comprehensive overview of the nuances of trade marks and their place in the commercial world. MORE

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23 November, 2016
Spruson Australia Update: Restrictions to the scope of Trade Mark attorney privilege

A recent Federal Court decision has raised questions in regard to the scope of Trade Mark attorney privilege. Section 229 of the Trade Marks Act 1995 states that a communication, or a record or document, made for the dominant purpose of a registered trade mark attorney providing “intellectual property advice” to a client is privileged in the same way, and to the same extent, if it were made by a lawyer. MORE

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11 November, 2016
Spruson Indonesian Trademark Law amended

The parliament of the Republic of Indonesia amended the current Trademark Law and passed a new Law (the “New Trademark Law”) on 27 October 2016. The amendment enhances trademarks in line with international conventions and standards. In addition, the amendment will help to boost the development of the creative economy and trade of Indonesian products in the international market. MORE

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09 November, 2016
Spruson 従業者が創出した知的財産の落とし穴

1年余りの議論を経て、2016年7月28日にインドネシア特許法改正が国会を通過しました。2016年8月26日施行となるこの新しい特許法(改正法)、「特許に関する、2016年法律第13号」は、「特許に関する、2001年法律第14号」以来の10年以上ぶりの大改正となります。 MORE

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09 November, 2016
Spruson Indonesia Update: Clarification of annuities payments under new Patent Law

Following the enactment of Indonesia’s Law No. 13 of 2016 on Patents (the “New Law”), the Directorate of Patent at the IP Office has issued a Circular Letter No. HKI.3-08.OT.02.02 (“Circular Letter”) to address some of the issues / lack of clarity concerning payment of annuities, in particular with respect to the relevant transitional period. MORE

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01 November, 2016
Spruson Spruson & Ferguson increases presence in Greater China

Leading intellectual property (IP) firm Spruson & Ferguson will have a substantial presence in Greater China, following the announcement by its parent company, IPH Limited, of its acquisition of Ella Cheong (Hong Kong) Limited and its subsidiary Ella Cheong Intellectual Property Agency (Beijing) Company Limited. MORE

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28 October, 2016
Spruson Treading carefully with patent infringement notifications in Australia

The recent case of CQMS Pty Ltd v Bradken Resources Pty Limited has reinforced the need for patent owners to tread carefully if they believe their patent is being infringed, to ensure it is not seen as an unjustified threat of infringement. MORE

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27 October, 2016
Spruson India - Singapore agreement on industrial property rights

India and Singapore have signed a Memorandum of Understanding (MoU) – the first bilateral MoU on industrial property cooperation between the two countries. The MoU, signed by India’s Department of Industrial Policy and Promotion (DIPP) and the Intellectual Property Office of Singapore (IPOS), is intended to strengthen bilateral cooperation in the field of industrial property rights of patents, trademarks and industrial designs. MORE

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26 October, 2016
Spruson Australia Update: Federal Court issues new series of Practice Notes

As part of the National Court Framework (NCF), the Chief Justice of the Federal Court yesterday issued new Practice Notes for the Federal Court of Australia. These 26 Practice Notes provide updated guidelines for how Federal Court cases are to be conducted and apply to all cases currently on foot. MORE

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21 October, 2016
Spruson インドネシア特許法改正

1年余りの議論を経て、2016年7月28日にインドネシア特許法改正が国会を通過しました。2016年8月26日施行となるこの新しい特許法(改正法)、「特許に関する、2016年法律第13号」は、「特許に関する、2001年法律第14号」以来の10年以上ぶりの大改正となります。 MORE

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19 October, 2016
Spruson Removal of NZ/AU Single Application and Examination Processes

In our article of 22 July 2016, we reported that the Commerce Committee recommended that the relevant clauses pertaining to a Single Application Process (SAP) and a Single Examination Process (SEP) be removed from the New Zealand Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill. MORE

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13 October, 2016
Spruson The pitfalls of employee-created IP

Preventing unnecessary losses from R&D activities in China – In this article, Oliver Lutze, Principal of Spruson & Ferguson, highlights some of the pitfalls to be aware of when starting R&D activities in China. MORE

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11 October, 2016
Spruson Asia-Pacific Regional Trade Mark Update

We’ve summarised a number of recent trade mark decisions from across the Asia-Pacific region to provide an update to practitioners and brand owners on current trends in trade marks in these markets. MORE

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29 September, 2016
Spruson New gTLD Sunrise Availability October 2016

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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28 September, 2016
Spruson Vietnam and Japan PPH Pilot Program receives overwhelming response

Further to our news update of 8 April 2016, the National Office of Intellectual Property of Vietnam (NOIP) has notified that 100 requests for participation in the PPH Pilot Program based on Japanese examination results have been received by the NOIP by 24 August 2016, less than 5 months from the commencement date of 1 April 2016. MORE

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22 September, 2016
Spruson Myanmar Update: Trademark law projected to be implemented in 2017

For many years, Myanmar has been working on its first formal trademark law, 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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12 September, 2016
Spruson Australia Update: New unfair contract term protections effective on 12 November 2016

Are you ready for the 12 November 2016 deadline to comply with changes to the Australian Securities and Investments Commission Act 2001 and the Australian Consumer Law? MORE

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09 September, 2016
Spruson Indonesia Update: New Indonesian Patent Law Enacted

Amendments to the Indonesian Patent Law, which were passed by the Indonesian Parliament on 28 July 2016, are expected to come into effect on 28 August 2016. MORE

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05 September, 2016
Spruson Malaysia Update: Amendments to patent application allowable after issuance of a clear examination report

In June the Intellectual Property Corporation of Malaysia (MYIPO) issued a Practice Direction providing some clarity on amendments to patent applications. MORE

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26 August, 2016
Spruson AU/NZ Update: Opposing a patent application via third party observations

If you’ve identified a patent application in Australia or New Zealand that you wish to oppose, there are a number of options to consider… MORE

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25 August, 2016
Spruson Indonesia Update: Amendments to Indonesian Patent Law

Amendments to the Indonesian Patent Law, which were passed by the Indonesian Parliament on 28 July 2016, are expected to come into effect on 28 August 2016. MORE

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18 August, 2016
Spruson シンガポール:IPOSが外国ルートの撤廃を延期

2015年10月20日に報告しましたが、シンガポール知的財産庁(IPOS)が「外国ルート」すなわち、国内での調査及び審査に代えて、対応外国出願又は特許性に関する国際予備審査(IPRP)の特許査定に基づくルートの撤廃する意向を示しました。 MORE

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17 August, 2016
Spruson Singapore Update: IPOS sets later date for Foreign Route closure

The IPOS has issued an update that the closure of the “Foreign Route” will take effect from 1 January 2020, three years later than originally intended. MORE

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15 August, 2016
Spruson Australia Update: Official Fee Changes at IP Australia

IP Australia has recently announced changes to the official fees payable for various IP matters following a cost recovery review in May this year. The changes are proposed to take effect from 10 October 2016. MORE

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02 August, 2016
Spruson New gTLD Sunrise Availability August 2016 – September 2016

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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27 July, 2016
Spruson Singapore Update: IPOS adopts stricter criteria for post-grant amendments

On 30 June 2016, the Intellectual Property Office of Singapore (IPOS) issued a Circular with updated guidelines for the assessment of post-grant patent amendments. MORE

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22 July, 2016
Spruson NZ Commerce Committee recommends removal of NZ/AU single application process

In our article of 14 July 2016, we briefly reported that the majority of the Commerce Committee of the New Zealand Parliament had recommended removing a clause pertaining to a Single Application Process (SAP) and Single Examination Process (SEP) from the New Zealand Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill. We now provide more details on this recommendation. MORE

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19 July, 2016
Spruson Indonesia Update: Recordal of Intellectual Property Licensing Agreements

Earlier this year the Indonesian Government issued the Ministry of Law and Human Rights Regulation No. 8 Year 2016 (the “Regulation”) on the recordal of Intellectual Property (IP) Licensing Agreements. MORE

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15 July, 2016
Spruson Australia Update: Ceiling fan decision explores similarities and differences under Australian Designs law

On 8 July 2016 The Hon Justice J V Nicholas handed down an infringement case (Hunter Pacific v Martec [2016] FCA 796) concerning a Registered Design for a ceiling fan hub and an allegedly infringing product (the Razor). MORE

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14 July, 2016
Spruson NZ/AU Update: Recommendation to stop New Zealand and Australia single patent application and examination process

Following a review of the New Zealand Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill by the Commerce Committee of the New Zealand Parliament, a recommendation has been made to remove the clauses of the Bill that relate to a) a single patent application process (SAP) and b) a single patent examination process (SEP) for New Zealand and Australia. MORE

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08 July, 2016
Spruson Vietnam Update: New Penal Code enhances Intellectual Property protection

On 1 July 2016 the new Vietnam Penal Code 2015 came into force, replacing the current Penal Code. The new Penal Code introduces a number of important changes related to trademarks and other intellectual property (IP) and will enhance the ability of brand owners to enforce their trademark and other IP rights. MORE

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28 June, 2016
Spruson Update: Brexit and Your IP in Europe

In a referendum held on 23 June 2016, the UK voted to leave the European Union (EU). Pursuant to Article 50 of the Treaty on European Union, the withdrawal process will take a minimum of two years to complete, however it is likely that the process will be prolonged, given no member state has left the EU before. MORE

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16 June, 2016
Spruson Thailand Update: Trademark Amendment Act brings changes for trademark law

The Thai Government’s Trademark Amendment Act B.E. 2559, will come into force on 28 July 2016 bringing with it changes to the landscape of Thai trademark law. MORE

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16 June, 2016
Spruson スプルーソン&ファーガソン、タイに新事務所を開設

この度、スプルーソン&ファーガソンはタイ・バンコクに新しく事務所を開設しました。これにより弊社の地域的な将来性及び知的財産におけるサービスが強化されました。 MORE

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01 June, 2016
Spruson Singapore Update: IPOS opens its first overseas Representative Office

The Intellectual Property Office of Singapore (IPOS) has opened its first overseas Representative Office at the Sino-Singapore Guangzhou Knowledge City (SSGKC) in Guangdong, China. MORE

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31 May, 2016
Spruson Spruson & Ferguson opens Thailand office

Spruson & Ferguson is pleased to announce that we have further strengthened our regional capability and IP service offering with the opening today of an office in Bangkok, Thailand. MORE

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27 May, 2016
Spruson Australian Trade Marks Office Decisions Summary - March 2016

Our summary of recent Australian Trade Marks Office decisions is designed to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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25 May, 2016
Spruson India Update: Indian Government introduces amended Patent Rules

The Indian Government’s Patent (Amendments) Rules 2016, came into effect on 16 May 2016. The intention of the amended Rules is to expedite patent prosecution before the Indian patent office. MORE

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20 May, 2016
Spruson DIY in the age of IDK - Self-Filing Trade Mark Applications

According to recent statistics, companies under two years (start-ups) file more trade marks than longer established companies. MORE

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17 May, 2016
Spruson Australia Update: Productivity Commission report - draft recommendations relating to patents

Our summary of a number of the Productivity Commission report’s draft recommendations relating to the patent system. MORE

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13 May, 2016
Spruson Australia Update: Productivity Commission draft report on IP Arrangements – Pharmaceutical Patents

The Productivity Commission’s draft report on Intellectual Property (IP) arrangements released on 29 April includes a chapter dedicated to pharmaceutical patent reform – Pharmaceuticals – getting the right policy prescription. MORE

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11 May, 2016
Spruson New gTLD Sunrise Availability May 2016 – June 2016

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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29 April, 2016
Spruson Australia Update: Draft Productivity Commission report points to IP reform

The Australian Government’s Productivity Commission has issued their draft report on Intellectual Property (IP) arrangements in Australia. MORE

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22 April, 2016
Spruson Australian Patent Office releases new Guidelines for Computer Related Inventions

On 1 February 2016, the Australian Patent Office released new guidelines on 1 February 2016 for assessing whether computer-related inventions relate to patentable subject matter. MORE

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18 April, 2016
Spruson Australian Trade Marks Office Decisions Summary - January & February 2016

Our summary of recent Australian Trade Marks Office decisions is designed to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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15 April, 2016
Spruson India Update: Trade mark applications back on track as abandonment order halted

Following our report in regard to the abandonment of thousands of trade mark registrations by the Indian Trade Mark Registry, there has been a welcome development this week with the Indian Trade Mark Registry issuing a notice which allows the abandonment order passed by the Registry in March, to be kept in abeyance. MORE

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15 April, 2016
Spruson New Zealand Update: Trans-Tasman Initiatives

The implementation of a single trans-Tasman patent application/examination process and patent attorney regime may be one-step closer. MORE

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13 April, 2016
Spruson Tightened Intellectual Property Requirements for Obtaining the High and New Technology Enterprise (HNTE) Status in China – Taxation Implications

Since 2008 the Chinese government awarded a preferential tax status of HNTE to companies that work in special-high tech areas and fulfil the innovation requirements as listed in the Administrative Measures for Recognition of High and New Technology. MORE

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08 April, 2016
Spruson Vietnam and Japan Patent Prosecution Highway Pilot Program commences

Applicants can now request accelerated examination of their Vietnamese patent applications by participating in the National Office of Intellectual Property (NOIP) and the Japanese Patent Office (JPO) Patent Prosecution Highway (PPH) Pilot Program. MORE

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06 April, 2016
Spruson Ensuring your Trade Mark Applications in India are not Abandoned – Ongoing Developments

In an attempt to clear the trademark application backlog at the Indian Trademark Office, on 29 March 2016 the Indian Trademark Registry abandoned approximately 200,000 applications and 20,000 oppositions. MORE

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04 April, 2016
Spruson オーストラリア:単離された核酸の特許適格性を否定するMyriad事件最高裁判決、および新審査ガイドライン

オーストラリア最高裁(the High Court)は2015年10月7日、D’Arcy v. Myriad Genetics Inc & Anor [2015] HCA 35 (Myriad事件)において、単離された核酸はオーストラリア特許法の保護対象とはならないとの判決を下しました(判決文全文はこちら)。 MORE

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23 March, 2016
Spruson New mediation scheme launched in Singapore

The Intellectual Property Office of Singapore (IPOS) will launch a new Mediation Promotion Scheme on 1 April 2016. The Mediation Promotion Scheme is designed to encourage parties to settle disputes amicably without a hearing at IPOS. MORE

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17 March, 2016
Spruson Spruson & Ferguson Privacy Policy updated

Spruson & Ferguson has updated its Privacy Policy, effective 7 March 2016. The Privacy Policy explains how we collect, use, manage and disclose Personal Information, and how you can contact us if you have queries about our management of your Personal Information. MORE

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11 March, 2016
Spruson New gTLD Sunrise Availability March 2016 – May 2016

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 Sunrise Period allows trade mark owners an advanced opportunity to register domain names that correspond with their trade mark registrations prior to the public launch of the gTLD. MORE

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07 March, 2016
Spruson Spruson & Ferguson opens office in Indonesia

Spruson & Ferguson has extended its reach in Asia with the opening of an office in Jakarta, Indonesia headed up by new Principal, Adolf Panggabean. MORE

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01 March, 2016
Spruson Second Medical Use Claims in Australia

The pharmaceutical industry is an important driver of patent activity. Amongst the protections sought are second medical uses, wherein a known substance is to be used in a novel or inventive indication. MORE

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25 February, 2016
Spruson India releases new guidelines for computer-related inventions

On 19 February, the Indian Patent Office amended its guidelines to provide clarity for patent examiners and practitioners on patenting computer-related inventions (CRIs). The amendments parallel similar clarifications and revisions publicised in other countries including the United States and Singapore. MORE

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19 February, 2016
Spruson First test case for Australia’s new anti-piracy provision?

It appears Australia may have not one, but two test cases to ascertain the strength and scope of Australia’s anti-piracy provision, introduced last year. MORE

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19 February, 2016
Spruson Philippines Accedes to Nagoya Protocol

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity is now in force in The Philippines after the Country’s accession to the Protocol in late 2015. MORE

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08 February, 2016
Spruson Consider China for Your New E-Resolution

As we welcome the Lunar New Year, Australian businesses may wish to consider China for their “new e-resolution”. “The whole world will witness the power of Chinese consumption …[on] November 11”, remarked Daniel Zhang, CEO of Alibaba, the Chinese e-commerce giant. MORE

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21 January, 2016
Spruson Ingenuity central to patentability of computer-implemented business method claims

The Full Federal Court (“Full Court”) handed down a much-anticipated decision in the appeal by the Commissioner for Patents of Commissioner of Patents v RPL Central Pty Ltd. In a unanimous decision, the appeal was allowed, and Australian Innovation Patent No. 2009100601 (“the Application”) was found not to be for patentable subject matter. MORE

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05 January, 2016
Spruson “Genuine Use” of a Trade Mark in the EU

A European Community Trade Mark (CTM) provides a simple and cost-effective means for trade mark owners to protect their trade marks in all EU member countries with a single registration. MORE

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23 December, 2015
Spruson Australian Trade Mark Office Decisions Summary - September & October 2015

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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23 December, 2015
Spruson Licensed and sublicensed to sue

This case provides some further interesting consideration of exclusive licences and consideration of the position of an exclusive sublicensee of a patent. Section 120 of the Patents Act 1990 provides that: … infringement proceedings may be started in a prescribed court … by the patentee or an exclusive licensee. MORE

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16 December, 2015
Spruson IP Australia releases Myriad Examination Guidelines

Following the recent public consultation in view of the Australian High Court’s decision in D’Arcy v Myriad Genetics (“Myriad”), IP Australia has released new examination guidelines for applications which may be affected by the decision. MORE

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16 December, 2015
Spruson Full Federal Court rejects computer-implemented invention as a business method

The Full Federal Court handed down a much-anticipated decision in an appeal by the Commissioner for Patents of Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177 on 11 December 2015. MORE

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15 December, 2015
Spruson New gTLD Sunrise Availability December 2015 - January 2016

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 Sunrise Period allows trade mark owners an advanced opportunity to register domain names that correspond with their trade mark registrations prior to the public launch of the gTLD. MORE

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09 December, 2015
Spruson Full Court finds that usual undertaking for damages is not limited by TG Act

The fact that the Therapeutic Goods Act 1989 contains provisions that permit the Commonwealth, among other parties, to recover compensation in certain pharmaceutical patent infringement proceedings does not preclude the Commonwealth from recovering compensation pursuant to the Usual Undertaking. MORE

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07 December, 2015
Spruson Government kick-start for Australian Innovation

The Australian government has issued its much anticipated Innovation Statement, outlining measures designed to encourage Australia’s start-up economy, including new incentives to investors to invest in early stage Australian start-up businesses. MORE

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02 December, 2015
Spruson Inventor Remuneration in Thailand

An important consideration for employers is the compensation and reward of innovation by an employee in encouraging a working environment where employees are willing to transfer their intellectual property rights for the employer’s benefit. MORE

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27 November, 2015
Spruson Attempts by Simonds Homes to enforce site-blocking provisions

Section 115A of the Copyright Act 1968 allows copyright owners to seek, from the Federal Court, an injunction requiring internet service providers (ISPs) to block access to any ‘online location’ (such as websites) operated outside of Australia if its ‘primary purpose’ is to ‘infringe, or facilitate an infringement’ of copyright in Australia. MORE

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24 November, 2015
Spruson India Patent Office proposes rules to reduce application pendency

The Indian Ministry of Commerce and Industry has proposed amendments to the existing India Patent Office Rules. The proposed Rules are under public consultation in November and final publication in the official Gazette is expected late this year or early next year. Thus, during 2016, these Patents (Amendment) Rules 2015 are expected to come into force. MORE

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06 November, 2015
Spruson Official text of Trans-Pacific Partnership Agreement released

The official text of the 12-country Trans-Pacific Partnership (TPP) Agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the US and Vietnam was released yesterday, a month after the TPP Agreement was finalised. MORE

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02 November, 2015
Spruson Announcing the re-opening of our Trade Marks Office in Singapore

Our market leading Singapore office, which continues to hold the number one position for patent filings, is pleased to announce the re-opening of its trade marks practice this week. MORE

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29 October, 2015
Spruson Singapore and Thailand Cooperate on Patent Protection

An important development in the ASEAN (Association of Southeast Asian Nations) region was announced at the fourth Singapore-Thailand Enhanced Economic Relationship (STEER) Ministerial Meeting held in Bangkok, Thailand. MORE

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21 October, 2015
Spruson Singapore Search and Exam is Hottest New Option for US PCT Applicants

Earlier this month, the Intellectual Property Office of Singapore (IPOS) was appointed a competent International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for PCT applications filed in the United States Patent and Trademark Office (USPTO) and the Indonesia Patent Office acting, respectively, as the PCT US Receiving Office (US/RO) and the PCT Indonesian Receiving Office (ID/RO). MORE

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20 October, 2015
Spruson Closure of the “Foreign Route”

The Singapore patent system has been to date a relatively liberal patent system, in that applicants can choose to place reliance on the allowance or grant of a corresponding patent application in lieu of local substantive search and examination. MORE

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19 October, 2015
Spruson IPA consultation paper released in light of Myriad decision

In light of the recent Myriad decision finding a claim to a naturally occurring isolated nucleic acid not patentable, IP Australia has reviewed current examination practice. MORE

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16 October, 2015
Spruson Australian Trade Mark Office Decisions Summary - August 2015

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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13 October, 2015
Spruson Partner or perish – Five tips you must know before taking your technology into China

Australia signed the landmark Free Trade Agreement with China (the ChAFTA) on 17 June 2015. The ChAFTA unlocks significant business potential in China for Australian businesses. MORE

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13 October, 2015
Spruson Examination Guidelines for Computer Related Inventions in India

In August 2015, the Indian Patent Office clarified the Indian Patents Act provision relating to computer related inventions (CRIs), providing patent practioners with much needed guidance and examples of patentable/non-patentable CRI claims. MORE

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07 October, 2015
Spruson Isolated nucleic acids not patentable in Australia

The High Court of Australia today handed down its decision in D’Arcy v Myriad, deciding once and for all that isolated nucleic acids do not define patent-eligible subject matter in Australia. MORE

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06 October, 2015
Spruson Trans-Pacific Partnership Agreement Announced

Last night, finalisation of the 12-country Trans-Pacific Partnership (TPP) Agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the US and Vietnam was announced following more than five years of negotiations. MORE

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24 September, 2015
Spruson New gTLD Sunrise Availability October / November 2015

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 Sunrise Period allows trade mark owners an advanced opportunity to register domain names that correspond with their trade mark registrations prior to the public launch of the gTLD. MORE

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24 September, 2015
Spruson Enhanced Intellectual Property Collaboration Between Singapore and UK

Closer cooperation between the UK Intellectual Property Office (UKIPO) and the Intellectual Property Office of Singapore (IPOS) was enhanced by a new Memorandum of Understanding (MOU) signed on Monday, 21 September 2015. MORE

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23 September, 2015
Spruson シンガポール・カンボジア間の更なる知的財産分野の協力

Earlier this year, we reported on the Memorandum of Understanding between the Intellectual Property Office of Singapore (IPOS) and Cambodia’s Ministry of Industry and Handicraft (MIH). MORE

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17 September, 2015
Spruson Benefits of Enhanced IP Cooperation Between Singapore and Cambodia

Earlier this year, we reported on the Memorandum of Understanding between the Intellectual Property Office of Singapore (IPOS) and Cambodia’s Ministry of Industry and Handicraft (MIH). MORE

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15 September, 2015
Spruson Take Care when Cutting the Grass

The Federal Court recently issued a decision regarding the registrability of the trade mark SIR WALTER for “turf grass” in Class 31, where the applied for trade mark was already the subject of a registered plant breeder’s right (PBR) in Australia. MORE

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11 September, 2015
Spruson Need more time? Don’t stress! Australia and New Zealand national phase deadline for pre-America Invents Act PCT applications

We appreciate that our American colleagues are presently battling with a wave of foreign PCT national phase entry patent filings following on from the rush of US applications filed in anticipation of provisions of the America Invents Act coming into effect on 16 March 2013. MORE

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10 September, 2015
Spruson Singapore starts operations as ASEAN's First International Authority under the Patent Cooperation Treaty

Effective 1 September 2015, the Intellectual Property Office of Singapore (IPOS) has commenced operations as an International Patent Search and Examination Authority (ISA / IPEA) under the Patent Cooperation Treaty (PCT). MORE

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08 September, 2015
Spruson In No Uncertain Terms

A recent hearing dismissing an application for an interlocutory injunction to protect, among other things, certain confidential information, highlights the importance of adequately defining the material said to be confidential. MORE

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04 September, 2015
Spruson Australian Trade Mark Office Decisions Summary - July 2015

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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02 September, 2015
Spruson High Court Dismisses AstraZeneca Appeal

In our recent article of 26 June 2015 we reported on the High Court of Australia hearing on 13 and 14 May 2015 of the Appeal in the rosuvastatin case from the Full Federal Court decision (AstraZeneca AB v Apotex Pty Ltd [2014] FCAFC 99). MORE

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21 August, 2015
Spruson Senate Economics References Committee Interim Report – Innovation, Future Jobs and Industries

On 18 March 2014, the Senate referred to the Senate Economics References Committee an inquiry into the challenges to Australian industries and jobs posed by increasing global competition in innovation, science, engineering, research and education. MORE

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21 August, 2015
Spruson Patentability of Genes, Genetic Material and Embryos in Singapore

The debate as to whether genes can or should be the subject of patent protection has continued since the inception of the Human Genome Project. Ultimately the heart of the debate has focused on whether discovery of a gene is sufficient to claim an invention and whether gene patents encourage or stifle research and the clinical use of genomics. MORE

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19 August, 2015
Spruson Overarching Inquiry into Australia’s IP Arrangements Announced

On 18 August 2015, the Treasurer Joe Hockey and the Minister for Small Business, Bruce Billson, announced that the Productivity Commission will be commencing a broad inquiry into Australia’s intellectual property (IP) arrangements. MORE

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13 August, 2015
Spruson New Anti-Piracy Law now in Force in Australia

Australia’s Copyright Act 1968 (Act) has recently been amended to allow owners of copyright to seek, from the Federal Court of Australia, an injunction requiring Carriage Service Providers (CSPs) to block access to any ‘online location’ operated outside of Australia if its ‘primary purpose’ is to ‘infringe, or facilitate an infringement’ of copyright. MORE

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04 August, 2015
Spruson The Hitchhiker’s Guide to Filing Evidence out of Time

The Intellectual Property Laws Amendment (Raising the Bar) Bill came into effect in April 2013. One of the aims of the amendment was to streamline the trade marks opposition process, making the overall process more time and cost-effective for brand owners. MORE

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31 July, 2015
Spruson New gTLD Sunrise Availability August / September 2015

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 Sunrise Period allows trade mark owners an advanced opportunity to register domain names that correspond with their trade mark registrations prior to the public launch of the gTLD. MORE

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30 July, 2015
Spruson Redskins on the Ropes

The latest twist in the on-going legal battle over the registration of the trade mark REDSKINS in the United States has seen the United States District Court uphold the decision of the Trademark Trial and Appeal Board (TTAB) to cancel six trade mark registrations that include the word ‘REDSKIN’ on the basis that each ‘may disparage’ Native Americans. MORE

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28 July, 2015
Spruson Spruson & Ferguson appoints 10 new Principals

Spruson & Ferguson is pleased to announce the promotion of 10 new Principals across our Singapore, Shanghai and Sydney offices. MORE

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17 July, 2015
Spruson Australian Trade Mark Office Decisions Summary - May 2015

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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08 July, 2015
Spruson West Coast keeps its Cool(er) and its Registrations

In non-use cancellation proceedings before the Australian Trade Marks Office, the Registrar is provided with the discretion to remove a trade mark “in respect of any or all of the goods and/or services” to which the removal application relates. MORE

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02 July, 2015
Spruson Indonesian Trade Mark Law Update

The trade mark outlook across Asia is rapidly changing. The large developing economic markets in Asia are generally great untapped resources in the trade mark landscape. These markets are maturing at a rapid rate and local authorities are doing their best to ensure that trade mark law keeps up-to-date. MORE

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26 June, 2015
Spruson High Court Considers Inventive Step in Australia

Last month, on 13 and 14 May 2015, the High Court of Australia heard the Appeal in the rosuvastatin case from the Full Federal Court decision (AstraZeneca AB v Apotex Pty Ltd [2014] FCAFC 99). MORE

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16 June, 2015
Spruson High Court of Australia hears Myriad appeal

The High Court of Australia today heard the long anticipated appeal from the unanimous decision of a 5-judge bench of the Full Federal Court to allow Myriad’s claims to the isolated nucleic acids. MORE

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11 June, 2015
Spruson Patent Practice Update - Brunei

Prior to 1 January 2012, patent protection in Brunei was obtained through the re-registration of a patent granted in the United Kingdom, Malaysia or Singapore. On 1 January 2012, a new Patents Order was enacted in Brunei, which discontinued the re-registration process in favour of a regular patent application filing process. MORE

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22 May, 2015
Spruson Broken Lines – Australian Design Registrations

As it is customary in other jurisdictions, especially the United States, to illustrate “claimed” parts of a design in solid lines and other “disclaimed” parts of the design in broken lines, this article will examine an approach to deal with such cases in Australia. MORE

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15 May, 2015
Spruson ACIP releases Final Review of the Australian Designs System

The current Australian designs system has been in operation since the commencement of the Designs Act 2003 (“the Act”) in June 2004. Since it’s commencement, a variety of concerns have been raised about the effectiveness of the designs system in stimulating innovation and economic growth in Australia. MORE

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12 May, 2015
Spruson What does .sucks mean for your brand?

The top level domain (TLD) .sucks was recently approved by the Internet Corporation for Assigned Names and Numbers (ICANN). The TLD operator, Vox Populi Registry, Ltd., claims that the .sucks domain is designed to enable consumers to find their voices and to facilitate consumer criticism. MORE

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01 May, 2015
Spruson Australian Trade Mark Office Decisions Summary March 2015

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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28 April, 2015
Spruson Omnibus Claims Revisited - Not quite dead yet!

Omnibus claims are claims which refer directly to the specification and/or drawings of an application. These are commonly of the form “A [product or process] substantially as herein before described with reference to any one of the Examples [or to any one of the accompanying drawings]”. MORE

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14 April, 2015
Spruson Are you concerned? Keeping ownership on the Register of Patents updated

Ownership of both patents and patent applications may be, and often is, transferred between parties. Section 187 of the Patents Act requires details of assignments or other changes in ownership to be recorded on the Register of Patents. MORE

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09 April, 2015
Spruson Harper Panel Final Report - Competition Policy Review Recommends Changes to Australian IP Policy

The Australian Federal Government recently commissioned a comprehensive competition policy review (Harper panel review) culminating in a Final Report released last week on 31 March 2015. MORE

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02 April, 2015
Spruson Australian Trade Mark Office Decisions Summary February 2015

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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31 March, 2015
Spruson When 5 Federal Court Judges are just not enough…

In 2013 and 2014, the Federal Court of Australia took the unprecedented step of sitting 5 Judges (instead of 3) to hear the Appeals in two separate patent cases: D’Arcy v Myriad Genetics Inc. [2014] FCAFC 115 and AstraZeneca AB v Apotex Pty Ltd (2014) 312 ALR 1 (the rosuvastatin case). MORE

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25 March, 2015
Spruson Dropping .co? Sweet As!

You now have a choice to register .nz domain names with or without second level domains such as net.nz, .co.nz, .org.nz or .kiwi.nz. For example, you can apply to register companyabc.co.nz, companyabc.nz, or both. MORE

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17 March, 2015
Spruson Fixing the Bar

Intellectual Property Laws Amendment Act 2015 (No. 8). We have recently reported on the Intellectual Property Laws Amendment Bill 2014, including proposed changes to intellectual property legislation in Australia. MORE

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12 March, 2015
Spruson WIPO Gets a Rise Out of Australia

The Official fees for International Trade Mark Registrations and patent applications filed under the Patent Cooperation Treaty (PCT) are set by the World Intellectual Property Organization (WIPO) and are based on the relative strength of the local currency over the preceding three month period. MORE

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11 March, 2015
Spruson New gTLD Sunrise Availability March / April 2015

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 Sunrise Period allows trade mark owners an advanced opportunity to register domain names that correspond with their trade mark registrations prior to the public launch of the gTLD. MORE

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04 March, 2015
Spruson Single Application and Examination Processes for Australia and New Zealand

As briefly discussed in our previous article, the Australian and New Zealand governments have been working on implementing a single patent application and examination process for Australia and New Zealand. MORE

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26 February, 2015
Spruson Australian Trade Mark Office Decisions Summary January 2015

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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20 February, 2015
Spruson Drafting Guidelines in Light of S40(3) Amendments

S40 of the Patents Act 1990 (Cth) is related to internal validity of a patent specification and, in essence, provides rules for drafting patent applications. Until 15 April 2013, s40(3) stated, “[t]he claim or claims must be clear and succinct and fairly based on the matter described in the specification.” MORE

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18 February, 2015
Spruson カンボジアとシンガポール知的財産庁が了解覚書を締結

2015年1月20日にシンガポール知的財産庁(IPOS)とカンボジア工業・手工芸省 (MIH)は、シンガポールとカンボジアのつながりを強め、知的財産を保護し、両国の知的財産制度の調整していくための了解覚書(MoU)を締結しました。MoUによると、IPOSの特許調査及び審査報告書は、MIHにより認知されることになります。将来的には、IPOSに出願された特許と意匠は、カンボジアで認知されることになるでしょう。 MORE

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18 February, 2015
Spruson Cambodia and IPOS sign MOU

On 20 January 2015, the Intellectual Property Office of Singapore (IPOS) and Cambodia’s Ministry of Industry and Handicraft (MIH) signed a Memorandum of Understanding (MoU) enhancing the ties between Singapore and Cambodia in terms of Intellectual Property protection and aligning the IP regimes of the two countries. MORE

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18 February, 2015
Spruson Australian Trade Mark Office Decisions Summary December 2014

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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13 February, 2015
Spruson High Court of Australia to Reconsider Myriad

Following the unanimous decision of the Full Federal Court of Australia to uphold the patentability of isolated nucleic acids in Australia in D’Arcy v Myriad Genetics Inc. [2014] FCAFC 115, the High Court of Australia has today granted Special Leave to Appeal to Ms D’Arcy. MORE

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12 February, 2015
Spruson Crouching Trade Mark, Hidden Reform

Significant amendments recently made to trade mark laws in China have streamlined the filing process and improved the position of brand owners. If your organisation has not yet sought formal protection of its trade marks in China here are some key reasons to build this into your intellectual property, brand protection and overall business strategies. MORE

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10 February, 2015
Spruson China New IP Court system starts with the first IP Court in Beijing

Improved intellectual property (IP) enforcement in China took a leap forward last year when the Beijing IP Court opened its doors and accepted its first case. The Beijing IP Court was the initial IP Court of first instance established and MORE

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09 February, 2015
Spruson Lost Correspondence and Extension of Time Provisions at the Australian Designs Office

In Australia, the Designs Act 2003 (Cth) (‘the Designs Act’) and the Designs Regulations 2004 (Cth) (‘the Designs Regulations’) allows, in certain circumstances, an applicant of a design application to apply for an extension of time to belatedly do a missed action… MORE

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05 February, 2015
Spruson Patent Term Extensions for Pharmaceuticals Involving Recombinant DNA Technology

Under Australian Patent Law, it is possible to apply for a patent term extension (PTE) of up to 5 years for a standard patent that claims a pharmaceutical substance in recognition of the exceptionally long time and regulatory requirements involved in developing and commercialising a new pharmaceutical substance. MORE

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03 February, 2015
Spruson 判例研究:WINTHROP PHARMACEUTICALS (MALAYSIA) SDN BHD V ASTRAZENECA UK LIMITED

マレーシア高等裁判所はWinthrop Pharmaceuticals (Malaysia) Sdn Bhd v Astrazeneca UK Limited事件における判決を下しました。スプルーソン&ファーガソン(アジア)はこの事件でマレーシア特許番号MY-136382、題して「コレステロール低下薬の使用」に対する無効手続きおよび非侵害訴訟において原告の弁護士を補助しました。原告はサノフィー・グループの子会社です。 MORE

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03 February, 2015
Spruson Winthrop Pharmaceuticals (Malaysia) Sdn Bhd v Astrazeneca UK Limited

The High Court of Malaysia has delivered its judgment in Winthrop Pharmaceuticals (Malaysia) Sdn Bhd v Astrazeneca UK Limited, in which Spruson & Ferguson Asia … MORE

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28 January, 2015
Spruson 中国の新知的財産裁判所システムは北京で初の知的財産裁判所からスタート

北京知的財産法院(裁判所)が昨年業務を開始。広州と上海の知的財産裁判所もその後間もなく業務を開始し、中国の知的財産裁判所の取り組みが前進。 MORE

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28 January, 2015
Spruson シンガポールにおけるグラフィカルユーザインタフェース (GUI) の意匠保護

シンガポール知的財産庁(IPOS)、シンガポールで意匠としてグラフィカルユーザインタフェース(GUIs)を登録に関する実施細則を発表。 MORE

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28 January, 2015
Spruson Design Protection of Graphical User Interfaces (GUIs) in Singapore

In our article of 21 May 2014, we reported that the Intellectual Property Office of Singapore (IPOS) had launched a public consultation on review of registered designs regime in Singapore. One of the issues that IPOS was seeking feedback was the … MORE

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23 January, 2015
Spruson インド特許庁からまたの打撃-既知の物質の新規な形態は第3条(d)において発明ではない

インド特許庁、Gilead社によるC型肝炎ワクチンおよびその製造法に関する特許出願を、既知の物質の新規な形態で増大した効能を有さないため発明ではないとして拒絶。 MORE

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23 January, 2015
Spruson The Indian patent office strikes again

The Indian patent office strikes again – patent application refused as chemical variant of known compound is not considered an invention according to Section 3(d) … MORE

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19 January, 2015
Spruson シンガポール欧州特許審査ハイウェイプログラム開始

シンガポール知的財産庁(IPOS)は、欧州特許庁(EPO)とともに特許審査ハイウェイ試行プログラムを開始すると発表しました。この試行プログラムは2015年1月6日に開始され、2018年1月6日までの3年間継続する予定です。 MORE

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19 January, 2015
Spruson Patent Prosecution Highway Programme Between IPOS and EPO

The Intellectual Property Office of Singapore (IPOS) has announced the commencement of a Patent Prosecution Highway (PPH) pilot programme with the European Patent Office. The pilot programme commenced on 6 January 2015 and will run for a period of three years, ending on 6 January 2018. MORE

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