News

3rd Mar 2017

Local Client Update – New gTLD Sunrise Availability March – April 2017

Generic top-level domains (gTLD) such as .com, .net and .org typically cycle through a “Sunrise Period” prior to becoming available to the general public.

Generic top-level domains (gTLD) such as .com, .net and .org typically cycle through a “Sunrise Period” prior to becoming...

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2nd Mar 2017

Australia Update: Counterfeit BIO-OIL and additional and exemplary damages in IP disputes

Additional damages for trade mark and copyright infringement and exemplary damages for passing off were recently considered in the Federal Court case Geneva Laboratories Limited and anor v Prestige...

Additional damages for trade mark and copyright infringement and exemplary damages for passing off were recently considered in the...

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24th Feb 2017

How to avoid being poisoned by your own patent application

As most patent applicants know, the patentability of an invention is determined by comparing the invention to the pool of public knowledge that existed before the date the application...

As most patent applicants know, the patentability of an invention is determined by comparing the invention to the pool...

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23rd Feb 2017

The importance of Swiss-style claims in Australia

The Federal Court has recently issued a decision that highlights the importance of including Swiss-style claims in Australian pharmaceutical patents. As reported previously, the Federal Court (Nicholas J) confirmed in Apotex Pty...

The Federal Court has recently issued a decision that highlights the importance of including Swiss-style claims in Australian pharmaceutical...

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17th Feb 2017

Federal Court of Australia confirms that offers made during patent term to supply after patent expiry constitute infringement

This week the Federal Court of Australia (Nicholas J) delivered a significant judgment in Apotex Pty Ltd v Warner-Lambert Company LLC (No 3)  FCA 94, confirming that an Australian patent...

This week the Federal Court of Australia (Nicholas J) delivered a significant judgment in Apotex Pty Ltd v Warner-Lambert Company...

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17th Feb 2017

Did you know how to use your patent to gain tax incentives for your investors?

Did you know that an Early Stage Investor is entitled to tax incentives if the company is an Early Stage Innovation Company (ESIC)? Further, that so long as the ESIC...

Did you know that an Early Stage Investor is entitled to tax incentives if the company is an Early...

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16th Feb 2017

Australia Update: When is applying for listing on the Pharmaceutical Benefits Scheme not an infringement?

In the most recent judgement in the Australian Lyrica® litigation Nicholas J has delivered an interesting decision regarding whether applying for Pharmaceutical Benefits Scheme (PBS) listing constitutes infringement of...

In the most recent judgement in the Australian Lyrica® litigation Nicholas J has delivered an interesting decision regarding whether...

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8th Feb 2017

Plant Breeder’s Rights in Australia

People who know me well, know that I endeavour to tread lightly on this earth, minimizing my footprint as best I can. This encompasses actions my parents instilled in...

People who know me well, know that I endeavour to tread lightly on this earth, minimizing my footprint as...

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31st Jan 2017

Australia Update: Productivity Commission Report – Implications for Copyright and Trade Marks

The Australian Government Productivity Commission's final Report on Intellectual Property (IP) arrangements in Australia was released late last year. Earlier, we reported on the potential implications for the...

The Australian Government Productivity Commission's final Report on Intellectual Property (IP) arrangements in Australia was released late last year....

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25th Jan 2017

Wine Equalisation Tax reforms increase value of many registered Australian trade marks

Owning a registered trade mark conveys many benefits for any business – the exclusive right to use a brand, legal protection against imitation, and an intangible asset for licencing...

Owning a registered trade mark conveys many benefits for any business – the exclusive right to use a brand,...

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25th Jan 2017

Secretly using your own invention can jeopardise your patent

Essentially, ‘secret use’ is considered to be any use of the invention, prior to filing a patent application, where the aim of the use is to achieve commercial gain for...

Essentially, ‘secret use’ is considered to be any use of the invention, prior to filing a patent application, where the...

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25th Jan 2017

Australia Update: Wine Giant Serves Up Signature Dish

Last month, the Federal Court handed down its decision in Samuel Smith & Son Pty Ltd v Pernod Ricard Winemakers Pty Ltd FCA 1515, finding in favour of...

Last month, the Federal Court handed down its decision in Samuel Smith & Son Pty Ltd v Pernod Ricard...

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