IP Law Archives - Page 6 of 58 - Spruson & Ferguson

18th Aug 2021

Patent term extensions in Australia: Can a “first regulatory approval” less than 5 years after the patent filing date be ignored?

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent claiming two pharmaceutical substances having different first regulatory approval dates;...

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent...

17th Aug 2021

A need for “rescue” for traders who “borrow” aspects of the get up of competitor products

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent decision of Martin & Pleasance Pty Ltd v A Nelson...

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent...

13th Aug 2021

Why cannot our creations also create

Thaler v Commissioner of Patents FCA 879 The Australian Federal Court has remarkably overturned an earlier hearing decision by the Australian Patent Office concluding that an Artificial Intelligence (AI)...

Thaler v Commissioner of Patents FCA 879 The Australian Federal Court has remarkably overturned an earlier hearing decision by...

12th Aug 2021

Australian trade mark decision a ‘bugbear’ for New Zealand honey producers

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the Australian Trade Marks Office of Manuka Honey Appellation Society Incorporated v...

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the...

6th Aug 2021

Australian Trade Marks Office Decision – BUTTERMITE v VEGEMITE – A Mitey Dispute

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the registration of BUTTERMITE filed in the name of Vincenzo Fasanella. Background Vincenzo...

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the...

2nd Aug 2021

Australia’s intelligent approach to artificial intelligence inventions

An Australian court has provided a clear signal that inventions derived from machine learning activities can be subject to valid patent applications, provided they satisfy the regular indicia of...

An Australian court has provided a clear signal that inventions derived from machine learning activities can be subject to...

27th Jul 2021

Fit Revolution Pty Ltd v Amazon Europe Core S.a.r.l. [2021] ATMO 35

In this matter, a registration for was insufficient to prevent the registration of AMFIT NUTRITION. Amazon Europe Core S.a.r.l. applied to register the AMFIT NUTRITION trade mark in classes...

In this matter, a registration for was insufficient to prevent the registration of AMFIT NUTRITION. Amazon Europe Core S.a.r.l....

27th Jul 2021

Rolling Stones block trade mark registration of Australian fashion label

Music has influenced fashion for decades. When we think of musical eras and icons such as Frank Sinatra, Madonna, and Snoop Dogg, we picture their particular aesthetic and, as...

Music has influenced fashion for decades. When we think of musical eras and icons such as Frank Sinatra, Madonna,...

27th Jul 2021

Bayerische Motoren Werke AG v Electracom Pty. Ltd. [2021] NZIPOTM7 (30 April 2021)

Electracom Pty Ltd (“Electracom”) sought to partially revoke (cancel) New Zealand Trade Mark No. 1017040 in the name of Bayerische Motoren Werke AG (“BMW”) on the basis of non-use. The...

Electracom Pty Ltd (“Electracom”) sought to partially revoke (cancel) New Zealand Trade Mark No. 1017040 in the name of...

27th Jul 2021

Bianca-Moden GmbH & Co. KG v Bianca and Bridgett Pty Ltd [2021] ATMO 30 (15 April 2021)

In this case, prior registrations for BIANCA did not prevent the registration of the BIANCA AND BRIDGETT trade mark for the same goods. Bianca and Bridgett Pty Ltd filed an...

In this case, prior registrations for BIANCA did not prevent the registration of the BIANCA AND BRIDGETT trade mark...

22nd Jul 2021

Singapore: updated guidance on validity of priority claims and unity objections

The Intellectual Property Office of Singapore (IPOS) has issued an update to the Examination Guidelines for Patent Applications on March 2020 to provide further guidance on validity of priority...

The Intellectual Property Office of Singapore (IPOS) has issued an update to the Examination Guidelines for Patent Applications on...

20th Jul 2021

An Australian first: opposition to a surrender of a patent

In a recent decision by the Australian Patent Office (Michael John Arieni v Sun-Wizard Holding Pty Ltd APO 20), Spruson & Ferguson has been successful in the first...

In a recent decision by the Australian Patent Office (Michael John Arieni v Sun-Wizard Holding Pty Ltd APO...