News & Insights - Spruson & Ferguson

10th May 2019

The ‘as trustee for’ dilemma – should trust details be disclosed in Australian trade mark applications?

The discretionary trust is a very popular vehicle for carrying on a business in Australia and holding ownership of intellectual property assets. A trust is a relationship between several parties....

The discretionary trust is a very popular vehicle for carrying on a business in Australia and holding ownership of...

9th May 2019

Case Note: Davies V Lazer Safe Pty Ltd [2019] FCAFC 65

This case highlights the importance of construing claims using plain English meaning and not adding a “gloss” to the language of a claim. Background The primary judge held in Davies V...

This case highlights the importance of construing claims using plain English meaning and not adding a “gloss” to the...

6th May 2019

Malaysia Update: Bill of the Trademarks Act 2019

Malaysia is in the midst of acceding to the Madrid Protocol which now allows a trade mark owner to file an international trade mark application through the...

Malaysia is in the midst of acceding to the Madrid Protocol which now allows a trade mark owner...

26th Apr 2019

Celebrating World IP Day – F45 gyms: an Australian success story

World Intellectual Property Day is held each year on the 26th April to celebrate and remind us about how IP encourages innovation and creativity. This year the theme for...

World Intellectual Property Day is held each year on the 26th April to celebrate and remind us about how...

23rd Apr 2019

New Zealand Update: Patent fees on the increase, but are they Excess-ively complex?

Following our previous update in November (here), we now report on progress that has been made regarding upcoming changes to patent fees in New Zealand. While many of the fee...

Following our previous update in November (here), we now report on progress that has been made regarding upcoming changes to...

17th Apr 2019

Singapore Patent Office Denial of Post Grant Amendments in Revocation Hearing Founded On Undue Delay and Unfair Advantage

Last month, the Intellectual Property Office of Singapore (IPOS) Patent Registrar invoked its discretionary powers to deny a patentee’s request to enter post grant amendments as a defense in...

Last month, the Intellectual Property Office of Singapore (IPOS) Patent Registrar invoked its discretionary powers to deny a patentee’s...

16th Apr 2019

CNIPA Seeks Public Opinion on the Draft Amendments to the Guidelines for Patent Examination

On April 4 2019, the China National Intellectual Property Administration (“CNIPA”) publishes the draft amendments to the Guidelines for Patent Examination (“Guidelines”) and requests for public feedbacks of any...

On April 4 2019, the China National Intellectual Property Administration (“CNIPA”) publishes the draft amendments to the Guidelines for...

10th Apr 2019

Spare parts and the ‘repair defence’ against infringement

The Federal Court of Australia (‘the Court’) in GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd has handed down its judgement in relation to, amongst...

The Federal Court of Australia (‘the Court’) in GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd...

9th Apr 2019

Recent updates to New Zealand Trade Marks Guidelines: Ownership and Divisionals

Ownership: Don’t underestimate the importance of nominating the correct trade mark Applicant! IPONZ has recently updated its practice guidelines on Section 32(1) of the Trade Marks Act 2002, which relates...

Ownership: Don’t underestimate the importance of nominating the correct trade mark Applicant! IPONZ has recently updated its practice guidelines on...

4th Apr 2019

Colour-Fool? Don’t Miss the Rise of Colour-Combination Marks

China has allowed the registration of colour-combination marks since 2001, but the treatment of such marks is still shrouded by uncertainty, skepticism and sometimes comic confusion to brand owners...

China has allowed the registration of colour-combination marks since 2001, but the treatment of such marks is still shrouded...

4th Apr 2019

Singapore Update – Clothing Brand Guess Fails to Prevent Registration of a “HATER”

GUESS?, INC v JEN, CHI SGIPOS 3 American clothing brand, Guess, Inc (“Guess”) opposed the registration of “” filed by Jen Chi for goods in Class 25 (clothing). One...

GUESS?, INC v JEN, CHI SGIPOS 3 American clothing brand, Guess, Inc (“Guess”) opposed the registration of “” filed...

4th Apr 2019

Singapore Legislation Update – Geographical Indications

Briefly, a Geographical Indication (GI) is a sign used to identify a product of a particular quality, reputation or other characteristics which is attributable to its geographical origin. In Singapore,...

Briefly, a Geographical Indication (GI) is a sign used to identify a product of a particular quality, reputation or...

4th Apr 2019

The Thai Trademark Appeal Board and Legal (Un)certainty

Trademark professionals are familiar with the Thai Trademark Appeal Board (TTAB), a character encountered when a trademark applicant wishes to appeal any decision of the Thai Trademark Registrar. The...

Trademark professionals are familiar with the Thai Trademark Appeal Board (TTAB), a character encountered when a trademark applicant wishes...

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