News

17th Jun 2021

All in the name of… Barton: the difficulty of registering surnames and place names in Australia

The recent decision of NATOWatchbands.com LLC ATMO 31 illustrates the difficulty in registering surnames and place names as trade marks in Australia. Background NatoWatchBands.com, LLC (Nato) sought to register an...

The recent decision of NATOWatchbands.com LLC ATMO 31 illustrates the difficulty in registering surnames and place names as...

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16th Jun 2021

The Australian Federal Court says “Oh No” to the Patent Office’s interpretation of the first regulatory approval for pharmaceutical patent term extensions

In Ono Pharmaceutical Co. Ltd v Commissioner of Patents FCA 643, the Federal Court has overturned the Australian Patent Office’s decision in Ono Pharmaceutical Co. Ltd et al...

In Ono Pharmaceutical Co. Ltd v Commissioner of Patents FCA 643, the Federal Court has overturned the Australian...

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16th Jun 2021

Trade Marks and New Zealand Prime Ministers’ Nicknames – AUNTY HELEN and JACINDARELLA

It is quite common for country leaders to be given catchy nicknames by the press. Some stick better than others. In the US, there are examples such as JFK, LBJ,...

It is quite common for country leaders to be given catchy nicknames by the press. Some stick better than...

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9th Jun 2021

Dead or Alive: Statuses, Patent Expiries and Kind Codes – Part 1

You've found a patent of interest but how do you know if it's dead or alive, and if alive, when it expires, and what exactly do those kind codes...

You've found a patent of interest but how do you know if it's dead or alive, and if alive,...

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8th Jun 2021

Descriptive trade marks – Registration is no guarantee of exclusive rights

Bendigo and Adelaide Bank Limited v Community First Credit Union Limited FCAFC 31 The Full Federal Court has upheld the primary judge’s decision that Bendigo and Adelaide Bank Limited could...

Bendigo and Adelaide Bank Limited v Community First Credit Union Limited FCAFC 31 The Full Federal Court has upheld the...

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8th Jun 2021

Republic of Nauru Enacts Trade Mark Registration System

In 2019, the Republic of Nauru’s Trademarks Act was enacted, and established the legal framework for the registration and protection of trade marks in Nauru.  Recently, the Republic of Nauru...

In 2019, the Republic of Nauru’s Trademarks Act was enacted, and established the legal framework for the registration and...

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3rd Jun 2021

Australian patent practice note: Recent changes to examination practice for claims to crystalline polymorphs

The Australian Patent Office appears to have recently changed their examination practice regarding the support requirements for claims directed to crystalline polymorphs. Given that we have not yet seen...

The Australian Patent Office appears to have recently changed their examination practice regarding the support requirements for claims directed...

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2nd Jun 2021

Another round? Corner Hotel loses trade mark skirmish with Jazz Corner Hotel

A dispute between two Victorian live music venues concerning use of trade marks including “CORNER” and “CORNER HOTEL” has seen infringement allegations dismissed by the Federal Court of Australia. ...

A dispute between two Victorian live music venues concerning use of trade marks including “CORNER” and “CORNER HOTEL” has...

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27th May 2021

Femtech: One small step for women, one giant leap for womankind

Females make up half of the population of the world, but many of the issues they have to deal with, from menstruation to menopause, have often been considered taboo...

Females make up half of the population of the world, but many of the issues they have to deal...

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13th May 2021

Australia’s New Patent Box: Unboxed

Following a cacophony of dire warnings and lobbying over the past decade from the Australian biotechnology and medical sectors, and the sudden sharp focus of middle Australia on the...

Following a cacophony of dire warnings and lobbying over the past decade from the Australian biotechnology and medical sectors,...

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13th May 2021

Exporters – Are You Giving Away Your Important Business Assets?

In my experience Australia is a ‘clever country’ and Australian businesses frequently produce highly innovative products and processes. However, I have often seen that business owners are sometimes too...

In my experience Australia is a ‘clever country’ and Australian businesses frequently produce highly innovative products and processes. However,...

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12th May 2021

Federal budget 2021: patent box regime announced for Australian medical and biotechnology patents

As part of Federal budget measures to foster innovation, commercialisation, and manufacturing in Australia, the Federal Government has announced yesterday the introduction of a patent box tax regime for...

As part of Federal budget measures to foster innovation, commercialisation, and manufacturing in Australia, the Federal Government has announced...

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