News

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...

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13th Apr 2021

Testing the limits of VOGUE

Advanced Magazine Publishers Inc v Paul Rigo ATMO 200 (23 December 2020) Advance Magazine Publishers Inc. (“Opponent”) has failed to prevent the registration of the  trade mark VOGUE by...

Advanced Magazine Publishers Inc v Paul Rigo ATMO 200 (23 December 2020) Advance Magazine Publishers Inc. (“Opponent”) has failed...

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13th Apr 2021

Deceptive similarity in logo marks and the importance of early trade mark registration

PM-International AG v Jeunesse Global Holdings LLC ATMO 1 (5 January 2021) In the first Australian Trade Marks Office decision for 2021, Hearing Officer Debrett Lyons looked at deceptive...

PM-International AG v Jeunesse Global Holdings LLC ATMO 1 (5 January 2021) In the first Australian Trade Marks Office...

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13th Apr 2021

Mother of a trade mark dispute continues with removal of Energy Beverages’ registration

Energy Beverages LLC v Cantarella Bros Pty Limited ATMO 198 (21 December 2020) In the latest decision in an ongoing dispute, Cantarella Bros Pty Limited applied to remove the...

Energy Beverages LLC v Cantarella Bros Pty Limited ATMO 198 (21 December 2020) In the latest decision in an...

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13th Apr 2021

Changes to eligibility rules for .au domains

When registering an “.au” domain name you are required to prove that you have an Australian presence. One way of doing this is to be the owner of an...

When registering an “.au” domain name you are required to prove that you have an Australian presence. One way...

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29th Mar 2021

Australian Trade Marks Full Federal Court Decision – VAGISIL v VAGISAN

Combe International Ltd v Dr August Wolff GmbH & Co. KG Arzneimittel FCAFC 8 Following on from our previous article, in a successful appeal by Combe International Ltd, the...

Combe International Ltd v Dr August Wolff GmbH & Co. KG Arzneimittel FCAFC 8 Following on from our previous...

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23rd Mar 2021

When is paying patent excess claims fees excessive in Australia and New Zealand?

Introduction In 2020, both IP Australia and the Intellectual Property Office of New Zealand (“IPONZ”) introduced updated fee schedules, with new fee structures impacting the payment of excess claims fees....

Introduction In 2020, both IP Australia and the Intellectual Property Office of New Zealand (“IPONZ”) introduced updated fee schedules, with...

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23rd Mar 2021

New Zealand’s strict “use it or lose it” approach in partial revocation proceedings differs from Australia’s approach

Office of the Retirement Commissioner v Cash Converters Pty Ltd NZIPOTM 27 (23 December 2020) This recent decision provides helpful guidance on the principles for partial revocation of trade...

Office of the Retirement Commissioner v Cash Converters Pty Ltd NZIPOTM 27 (23 December 2020) This recent decision provides...

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22nd Mar 2021

TGA proposes far-reaching changes to support the repurposing of prescription medicines

The Therapeutic Goods Administration (TGA) has commenced a timely public consultation into the repurposing of prescription medicines, which seeks to better understand the incentives and potential hurdles influencing sponsors’...

The Therapeutic Goods Administration (TGA) has commenced a timely public consultation into the repurposing of prescription medicines, which seeks...

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17th Mar 2021

Tales from the crypt: Digging around in patent class A62B33

Patent classification titles are usually pretty boring, but occasionally one will jump out at you and fire up your imagination.  A62B33 is one of those.  Its full title is...

Patent classification titles are usually pretty boring, but occasionally one will jump out at you and fire up your...

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11th Mar 2021

Changes to .au domain name rules – implications for Australian trade mark owners

.au Domain Administration Limited (the administrator of .au domain names) is introducing a new set of rules for those who wish to hold, or continue to hold, a .au...

.au Domain Administration Limited (the administrator of .au domain names) is introducing a new set of rules for those...

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10th Mar 2021

A bar to re-examination

In Australia, there are different options to challenge the validity of a patent application or granted patent.  This can be of significant interest from a freedom to operate perspective...

In Australia, there are different options to challenge the validity of a patent application or granted patent.  This can...

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