On 23 August 2018, Parliament passed legislation amending the Competition and Consumer Act 2010 (Cth)(CCA). The amendment increases the maximum financial penalties under the Australian Consumer Law for provisions including unconscionable conduct, false or misleading representations, unfair practices (such as bait advertising), supplying banned consumer goods or services, and breaches of safety standards. MORE

Starting from September 1, 2018, the China National Intellectual Property Administration (CNIPA) and the United States Patent and Trademark Office (USPTO) will switch to the World Intellectual Property Organization (WIPO) Digital Access Service (DAS) platform for exchanging electronic priority documents. MORE

According to Indonesian Patent Law (Article 20), patent owners are obligated to make products or use processes that are covered by their patent in Indonesia in order to support technology transfer, investment and/or local employment. MORE

Casella Wines Pty Limited (Casella) filed a trade mark application on 15 December 2015 for the word mark ABEL TASMAN in respect of wine in class 33. It was accepted on 12 May 2016 and subsequently opposed by Southcorp Brands Pty Ltd (Southcorp) under sections 44, 60, 42 and 62A of the Trade Marks Act (the Act). The Hearing Officer only considered the section 60 ground (which was enough for the opposition to succeed). MORE

In our newsletter of March 16, 2017 we reported on the recent changes in the Guidelines for Examination http://www.spruson.com/china-revises-guidelines-for-patent-examination/ . In one paragraph we speculated that there is a need for “including narrow claims, as a reservoir for amendments in case the patent is later challenged in invalidation proceedings” even though the new guidelines offered more freedom to make amendments during invalidation. MORE

The Intellectual Property Office of Singapore (IPOS) has recently become the ninth IP office recognised by WIPO as a Supplementary International Search Authority (SISA). IPOS is also the only SISA capable of searching a Chinese database in Chinese. MORE

Spruson & Ferguson welcomes its expanded Australian team and is pleased to now offer direct services from an additional primary office in Brisbane. As previously announced, Spruson & Ferguson has merged with Australian IP firms Cullens and Fisher Adams Kelly Callinans to form one combined firm operating as Spruson & Ferguson. MORE

Spruson & Ferguson is pleased to announce the appointment of seven new Principals across the firm as part of the 2018 promotions. MORE

Read about oppositions between Swatch and Apple in New Zealand, or how bad faith was a determining factor in a successful opposition for an Australian wine brand.
Find out also about the latest changes in trade mark legislation in China, Cambodia, Laos and Thailand and how they contribute to the simplification of IP law and practices in these countries. MORE

Spruson & Ferguson Principal, Sylvie Tso, will co-host a LESANZ intermediate licensing workshop in Sydney on Tuesday 14 August. The one-day workshop will cover the core concepts and practices for structuring, negotiating and drafting a licence agreement. MORE

On 12 June 2018, Justice Burley of the Federal Court of Australia granted the first interlocutory injunction to restrain the threatened launch of a biosimilar pharmaceutical product in Australia, in the decision of F.Hoffmann-La Roche AG v Sandoz Pty Ltd [2018] FCA 874. MORE

Spruson & Ferguson’s Sylvie Tso, Natalia Blecher and David Müller-Wiesner have contributed a chapter to the Australian Entrepreneur’s Guide, launched recently at the Myriad Festival in Brisbane. MORE

Spruson & Ferguson (incorporating Fisher Adams Kelly Callinans) Principal Mark Horsburgh has been recognised by the Licensing Executives Society (LES) for service and leadership to … MORE

Australian Designs Law has a number of unique elements that differentiate it from jurisdictions such as the United States, Europe or Japan. Design owners may be surprised by some provisions of the Australian Design Law and need to be vigilant when registering their designs. In this article we summarise some key characteristics of the Australian Designs Act 2003 and highlight the main differences with foreign jurisdictions. MORE

Members of Spruson & Ferguson’s Asia-Pacific Patent team will be attending the 2018 BIO International Convention in Boston. We are pleased to welcome the members of the Cullens team, who from 9 April 2018, operate as part of the broader Spruson & Ferguson business. MORE

The Intellectual Property Office of Singapore (IPOS) has launched a new FinTech Fast Track (FTFT) initiative designed to expedite the patent application-to-grant process for FinTech inventions. MORE

From 1 July 2018, new restrictions will come into effect preventing parties from enforcing certain rights (including termination rights) triggered by insolvency events. The new laws seek to assist businesses undergoing financial distress to “maximise their chances of survival”, as termination of valuable contracts could potentially prevent such businesses from going through the necessary restructure in order to survive. However, interested parties have until 11 May 2018 to respond to the Exposure Draft of the relevant regulations with proposed exemptions to the new laws (Proposed Exemptions). MORE

In a recent case before the Court of Appeal of Singapore, the doctrine of equivalents used in other jurisdictions has been found not to apply in Singapore. MORE

Patent owners will benefit from a number of changes to SIPO’s official fees for patent applications in China, which will come into effect from 1 August 2018. The changes were announced by the Ministry of Finance and National Development and Reform Commission on 12 April 2018 and are aimed at reducing the fee burden for innovative companies. MORE

Internet has become an effective tool for brand marketing and there are many benefits to promoting your goods or services via social media. MORE