14 November, 2017
Spruson Singapore Update: IPOS releases revised examination guidelines

On 30 October 2017, the Intellectual Property Office of Singapore (IPOS) published its revised Examination Guidelines, following legislative changes made to the Singapore Patents Act. The key amendments to the Guidelines include the expansion of the grace period provision, the ability to switch between substantive and supplementary examination, a clarification of the term “discoveries” in regard to patent eligibility and the rejection of post-grant amendment claims which are “obviously invalid”. MORE

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18 October, 2017
Spruson Indonesia becomes the 100th member of the Madrid Protocol

On 2 October 2017 Indonesia officially became the 100th member of The Protocol Relating to Madrid Agreement concerning the International Registration of Marks (Madrid Protocol). MORE

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12 October, 2017
Spruson The Philippines becomes an International Searching Authority and International Preliminary Examining Authority

On 5 October 2017 the Intellectual Property Office of the Philippines (IPOPHL) became an International Searching Authority and International Preliminary Examining Authority (ISA/IPEA). MORE

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10 October, 2017
Spruson IPOS signals upcoming changes to examination guidelines in Singapore

Based on a circular released by the Intellectual Property Office of Singapore (IPOS) on 6 October 2017, there will be upcoming changes to the examination guidelines in Singapore. MORE

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04 October, 2017
Spruson Asia-Pacific Regional Trade Mark Update - October 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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03 October, 2017
Spruson Singapore High Court Clarifies Patent Revocation Process

In a ruling handed down last Thursday, the Singapore High Court addressed the question of whether patent revocation proceedings can be brought before the High Court in the first instance by way of a counterclaim in a patent infringement proceeding before the High Court. MORE

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26 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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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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05 June, 2017
Spruson Spruson & Ferguson opens new office in Melbourne, Australia

We are pleased to announce that Spruson & Ferguson has opened a new office in Melbourne Australia, staffed by a new team of trade mark professionals who have joined the firm. MORE

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24 May, 2017
Spruson New gTLD Sunrise Availability June - July 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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18 May, 2017
Spruson Chinese Food and Drug Administration (CFDA) Proposes New Patent Linkage and Data Protection Regime

On 12 May , 2017 the CFDA published its intention to work on a new patent linkage and data protection system for China as part of a reform of its regulatory approval processes (2017 Policy Notice No. 55). The Notice includes a proposal for the general terms of the new regime which indicates major changes. MORE

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11 May, 2017
Spruson Spruson & Ferguson appoints three new Principals in Beijing

We are delighted to announce the appointment of three new Principals in our Beijing patents team. These appointments further strengthen Spruson & Ferguson’s IP practice in Greater China and our ability to offer a premium IP service from our eight offices across the Asia-Pacific region. MORE

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09 May, 2017
Spruson Singapore Update: IPOS Announces Billion Dollar Fund to Help Companies with Strong IP to Compete Globally

The Intellectual Property Office of Singapore (IPOS) announced on 26 April 2017 the launch of a new billion-dollar fund aimed at helping promising companies to grow and expand into global markets. MORE

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05 May, 2017
Spruson Implications of Thailand’s 20-Year Intellectual Property Roadmap on Global Business Operators

On 26 January 2017, the Thai Department of Intellectual Property (DIP) published the long-awaited 20-year Intellectual Property Roadmap, providing directions for the country’s Intellectual Property … MORE

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03 May, 2017
Spruson Dr Andrew Blattman to succeed David Griffith as IPH Limited Managing Director and CEO

It was announced yesterday that Spruson & Ferguson CEO, Dr Andrew Blattman, will be moving to the role of Managing Director and CEO of IPH Limited – Spruson & Ferguson’s parent company. MORE

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26 April, 2017
Spruson Positive Development for Overcoming Distinctiveness Rejections under Thai Trademark Law

The Supreme Court of Thailand recently reaffirmed the test for distinctiveness in regard to trade marks, in a positive decision that will hopefully provide brand owners with better prospects for successfully arguing before the Thai Trade Marks Office and Appeal Board that their distinctive word marks should be registrable. MORE

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18 April, 2017
Spruson Full Federal Court confirms that applying for PBS listing may not be an infringement

On appeal from Apotex Pty Ltd v Warner-Lambert LLC (No 3) [2017] FCA 94, which we recently reported on here, the Full Federal Court has confirmed in Warner-Lambert Company LLC v Apotex Pty Limited [2017] FCAFC 58 that applying for Pharmaceutical Benefits Scheme (PBS) listing does not involve an offer to supply and clarified the reasoning in support of the primary judge’s position. MORE

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13 April, 2017
Spruson Singapore High Court clarifies determining facts for inventorship and ownership

On 14 March 2017, the Singapore High Court issued an amended decision on National University Hospital Singapore Pte Ltd v. Cicada Cube Pte Ltd [2017] SGHC 53. MORE

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11 April, 2017
Spruson Thailand Update: Plans to Expedite Patent Examination

The Thai Government is considering plans to expedite patent examination in Thailand and help clear the country’s backlog of patent applications. MORE

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06 April, 2017
Spruson Full Federal Court of Australia overrules Britax: Change to date of relief for infringement of innovation patents

On 3 April 2017, the Full Court of the Federal Court of Australia handed down its decision in Coretell Pty Ltd v Australian Mud Company Pty Ltd [2017] FCAFC 54. The decision, which was authored by Justice Burley (with whom Justices Nicholas and Jagot expressly concurred), considered, inter alia, the identification of the earliest date from which relief for infringement of an innovation patent may be awarded. MORE

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28 March, 2017
Spruson The Evolving Patentability of Genetic Material in Australia post-Myriad

A number of decisions by the Australian Patent Office following the 2015 “Myriad” decision have provided further clarity in regard to what genetic material may … MORE

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23 March, 2017
Spruson Asia-Pacific Regional Trade Mark Update - March 2017

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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16 March, 2017
Spruson China revises guidelines for patent examination

China’s State Intellectual Property Office (SIPO) recently released amendments to its Guidelines for Patent Examination (2010), which will take effect from 1 April 2017. MORE

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10 March, 2017
Spruson Spruson & Ferguson Named Australian Prosecution Firm Of the Year in Managing IP Global Awards

We are delighted to announce that Spruson & Ferguson has been named Australian Prosecution Firm of the Year in Managing IP’s Global Awards. MORE

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03 March, 2017
Spruson Local Client Update - New gTLD Sunrise Availability March – April 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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02 March, 2017
Spruson Australia Update: Counterfeit BIO-OIL and additional and exemplary damages in IP disputes

Additional damages for trade mark and copyright infringement and exemplary damages for passing off were recently considered in the Federal Court case Geneva Laboratories Limited and anor v Prestige Premium Deals Pty Ltd and ors (No 5) [2017] FCA 63 (Geneva (No 5)). MORE

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17 February, 2017
Spruson Excess claim fees in Singapore to take effect from 1 April 2017

We recently reported on the Intellectual Property Office of Singapore’s (IPOS) announcement in regard to lowering fees for Intellectual Property Protection from 1 April 2017. As part of this, IPOS also announced the introduction of an excess claim fee. We now provide further information on the excess claim fee. MORE

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16 February, 2017
Spruson Australia Update: When is applying for listing on the Pharmaceutical Benefits Scheme not an infringement?

In the most recent judgement in the Australian Lyrica® litigation Nicholas J has delivered an interesting decision regarding whether applying for Pharmaceutical Benefits Scheme (PBS) listing constitutes infringement of a patent. MORE

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13 February, 2017
Spruson Edward Genocchio named a Finalist in 2017 Financial Review Client Choice Awards

Spruson & Ferguson Principal, Edward Genocchio has been named a finalist in the Financial Review’s 2017 Client Choice Awards, for Most Client Focused IP Specialist in Australia and New Zealand. MORE

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06 February, 2017
Spruson Singapore Update: IPOS lowers Filing Fees for Intellectual Property Protection from 1 April 2017

The Intellectual Property Office of Singapore (IPOS) announced last week that the fees for patent search and examination reports and for trade mark applications will be reduced effective 1 April 2017. MORE

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31 January, 2017
Spruson Australia Update: Productivity Commission Report – Implications for Copyright and Trade Marks

The Australian Government Productivity Commission’s final Report on Intellectual Property (IP) arrangements in Australia was released late last year. Earlier, we reported on the potential implications for the Australian patent system. MORE

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25 January, 2017
Spruson Australia Update: Wine Giant Serves Up Signature Dish

Last month, the Federal Court handed down its decision in Samuel Smith & Son Pty Ltd v Pernod Ricard Winemakers Pty Ltd [2016] FCA 1515, finding in favour of Pernot Ricard Winemakers Pty Ltd, owner of the wine brand “Jacob’s Creek”. MORE

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19 January, 2017
Spruson Spruson & Ferguson’s regional trade mark capability recognised in World Trade Mark Review

The firm’s Australian Trade Marks practice was Highly Recommended for Trade Mark Prosecution and Strategy and the firm’s Thailand and Hong Kong Trade Mark practices were ranked Silver for Trade Mark Prosecution and Strategy. The firm was also ranked Bronze for Trade Mark Enforcement and Litigation in Australia. MORE

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13 January, 2017
Spruson Singapore Update: IPOS Revokes Patent Obtained by Misrepresentation

A recent judgement by the Hearing and Mediation Group of the Intellectual Property Office of Singapore has highlighted the need for inventors to draw a line between inventions developed in previous employment and inventions developed in their current employment. MORE

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11 January, 2017
Spruson The Availability of Unpublished Prior Art in Australia and New Zealand

Complete patent applications that have not been published before the priority date of a patent application, but that have an earlier priority date, may be available for use as prior art against an application. MORE

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