IP Law – Page 10 – Spruson & Ferguson

21st Jun 2021

Patent term extensions in Australia: Ono “first regulatory approval” decision overturned

Australia’s Federal Court Decision, Ono Pharmaceutical Co, Ltd v Commissioner of Patents FCA 643, overturns the Patent Office Decision, Ono Pharmaceutical Co., Ltd. et al APO 43,...

Australia’s Federal Court Decision, Ono Pharmaceutical Co, Ltd v Commissioner of Patents FCA 643, overturns the Patent Office...

17th Jun 2021

All in the name of… Barton: the difficulty of registering surnames and place names in Australia

The recent decision of NATOWatchbands.com LLC ATMO 31 illustrates the difficulty in registering surnames and place names as trade marks in Australia. Background NatoWatchBands.com, LLC (Nato) sought to register an...

The recent decision of NATOWatchbands.com LLC ATMO 31 illustrates the difficulty in registering surnames and place names as...

16th Jun 2021

The Australian Federal Court says “Oh No” to the Patent Office’s interpretation of the first regulatory approval for pharmaceutical patent term extensions

In Ono Pharmaceutical Co. Ltd v Commissioner of Patents FCA 643, the Federal Court has overturned the Australian Patent Office’s decision in Ono Pharmaceutical Co. Ltd et al...

In Ono Pharmaceutical Co. Ltd v Commissioner of Patents FCA 643, the Federal Court has overturned the Australian...

16th Jun 2021

Trade Marks and New Zealand Prime Ministers’ Nicknames – AUNTY HELEN and JACINDARELLA

It is quite common for country leaders to be given catchy nicknames by the press. Some stick better than others. In the US, there are examples such as JFK, LBJ,...

It is quite common for country leaders to be given catchy nicknames by the press. Some stick better than...

8th Jun 2021

Indonesia update: settlement of unpaid patent annuities under “Crash” Program

As a brief background, under the old Indonesian patent law (i.e. before 26 August 2016), annuities could be paid up to three years from the due date. If annuities...

As a brief background, under the old Indonesian patent law (i.e. before 26 August 2016), annuities could be paid...

8th Jun 2021

Descriptive trade marks – Registration is no guarantee of exclusive rights

Bendigo and Adelaide Bank Limited v Community First Credit Union Limited FCAFC 31 The Full Federal Court has upheld the primary judge’s decision that Bendigo and Adelaide Bank Limited could...

Bendigo and Adelaide Bank Limited v Community First Credit Union Limited FCAFC 31 The Full Federal Court has upheld the...

1st Jun 2021

Tips for handling substantive examination in Singapore

The closure of the “foreign route” of patent examination, where substantive examination results from selected foreign patent offices are generally admitted, has been taking place in Singapore in stages...

The closure of the “foreign route” of patent examination, where substantive examination results from selected foreign patent offices are...

27th May 2021

China update: Interim Measures announced before new patent law goes live

The patent law reform in China has yet to deliver the Implementing Rules to the new patent law effective on June 1, 2021. In order to ensure the implementation...

The patent law reform in China has yet to deliver the Implementing Rules to the new patent law effective...

25th May 2021

China update: “Orange Book”- type patent register established as trial version. A start into the new Patent Linkage System

We have recently reported on the major upcoming changes for pharmaceutical patent owners in accordance with the 4th amendment of the patent law which establishes a patent linkage system...

We have recently reported on the major upcoming changes for pharmaceutical patent owners in accordance with the 4th amendment...

11th May 2021

New China and EU Geographical Indications Agreement comes into force on 1 March 2021

On 1 March 2021, a new agreement between China and the European Union (EU) has come into force which will provide for the protection of 200 Chinese and European...

On 1 March 2021, a new agreement between China and the European Union (EU) has come into force which...

6th May 2021

New patent examination guidelines for medical use claims in Indonesia

The Indonesian Patent Office recently issued new patent examination guidelines which provide long awaited clarification regarding medical use claims. Article 4(f) of amended Indonesian Patent Law (Indonesian Patent Law No....

The Indonesian Patent Office recently issued new patent examination guidelines which provide long awaited clarification regarding medical use claims. Article...

15th Apr 2021

Patent working requirements and related compulsory licensing provisions in Australia and New Zealand

Patent Working Requirements Many jurisdictions have a requirement to demonstrate the working of a patented invention within the country that granted the patent, i.e., a “patent working requirement”. This component...

Patent Working Requirements Many jurisdictions have a requirement to demonstrate the working of a patented invention within the country that...