Search results - found 129
Impact of showing at trade exhibitions on design novelty (International reports)
It is not unusual for companies to display new developments at trade shows and exhibitions as early as possible in order to showcase their latest products and technology. However, unless such exposure is planned to fit in with a formal IP protection strategy, it can raise questions over whether the product remains novel for the purposes of patent or design protection.
What am I buying? The integrity of certification labels (International reports)
As consumers, we understand the power of branding and the value of trademarks. Increasingly, products now also bear certification labels claiming certain qualities or characteristics. Consumer confidence in these types of product claim depends not only on the integrity of the certification programme, but also on the integrity of the companies that use and apply certification labels.
Tax office targets multinationals over IP rights transfers (International reports)
The Australian Taxation Office is considering new rules for brand names, trademarks, copyright and licences to deter multinational companies from transferring billions of dollars in IP rights overseas. The news follows analysis suggesting that several big multinationals have been transferring large amounts of IP rights to overseas parent companies.
Springboarding into the Australian Pharmaceutical Market (International reports)
There is no doubt that much of the biotechnology and pharmaceutical industry, is contingent on there being a robust Intellectual Property (“IP”)system to maintain the value of innovative products. It is often the case, particularly in relation to startup biotech companies, that IP is one of, if not the most important and major assets of the company.
Patenting information technologies, computer software and business methods (International reports)
As a result of the increasing economic importance of technology, the number of computer software and business method patents filed and granted has increased significantly in recent years. While trends among Australian and foreign applicants are similar, research shows that foreign entities are major users of the Australian patent system in the IT sector.
Implementing the Cutler Review recommendations in the current economic climate (International reports)
The recently published Cutler Review made many recommendations regarding the Australian innovation economy, including that IP policy making should form part of the general economic policy-making process. However, as the government has just allocated A$10 billion to “pump prime” the national economy, it is unclear whether the Cutler recommendations will be taken forward.
Out of the lion’s den High Court clarifies trademark use (International reports)
The recent High Court decision in E&J Gallo Winery v Lion Nathan Australia Pty Limited has come as a relief to many international trademark owners who may have been questioning whether the use of their trademarks in Australia would be sufficient to overcome a potential non-use action. The High Court upheld an appeal by E&J Gallo against the removal of its mark from the Trademarks Register for non-use.
The Australian innovation patent: the "perfect storm" loses a little wind? (International reports)
The Australian innovation patent has a number of real advantages when considering a holistic view of protection for an invention. In practice, these have led to innovation patents being extremely difficult to invalidate. However, a recent decision provides a reminder that there are limitations as to how robust an innovation patent can be considered to be.
High Court considers contributory infringement provisions of Patents Act 1990 for the first time (International reports)
The recent decision of the High Court of Australia in Northern Territory of Australia v Collins provides guidance as to the meaning of the contributory infringement provisions under Section 117 of the Patents Act 1990 in patent infringement proceedings. Through the decision, a controversial issue of Australian patent law has been laid to rest.
New Excess Claims Fees in Australia (International reports)
The Australian Patent Office has implemented a five-fold increase in excess claims fees. Accordingly, applicants may now wish to consider strategies to reduce or avoid these charges.
High Court: Myriad's BRCA genes not patentable subject matter (International reports)
Just over one year after the Full Federal Court of Australia unanimously upheld an earlier Federal Court decision that naturally occurring nucleic acid molecules are patentable in Australia, the High Court has handed down a unanimous judgment overturning that decision. This highly anticipated decision sets Australian law at odds with that of many other jurisdictions where isolated nucleic acid molecules remain patentable.
IP ownership in the academic sector: a new perspective (International reports)
A recent decision of the Federal Court that the University of Western Australia had no claim to certain intellectual property created by Professor Bruce Gray has provoked heated debate over the ownership of patents in the university and research community. The case raises many important issues for commercialisation in the academic sector.
Government looks to the future with innovation review (International reports)
The government has launched a consultation for its Review of the National Innovation System, which is designed to identify drivers for innovation and help to optimise the innovation process in Australia. Although directed at the broader public benefits of innovation, many aspects of the review will resonate with practitioners of intellectual asset management.
What Constitutes An Innovative Step? Are We Any Closer To Knowing? (International reports)
Innovation patents are a second tier form of patent protection in Australia. A patent monopoly is granted for eight years for globally novel ‘innovations’, an ‘innovation’ being the inclusion of a feature that ‘makes a substantial contribution to the working’ of the product or method. While this legislation remains untested in the Australian Court system, for many inventions which would not qualify as ‘inventive’ it is difficult to determine by what criteria they would qualify as ‘innovative’.
Functional ingredients: the past may come back to bite you! (International reports)
A recent decision by the Full Bench of the Federal Court may have a far-reaching impact on the food technology sector in Australia. The case raises concerns for developers of food products with ingredients which impart beneficial functions other than supporting good nutrition.
Ixnay on the TAR JAY Target defends its urban nickname (International reports)
Never one to let a good parody go astray, Target Australia Pty Ltd (aka 'Targét' or 'Tarjay') has successfully prevented Catchoftheday.com.au Pty Ltd from registering trademarks including the term 'Tar Jay'. This decision was issued despite the fact that Target had not used 'Tarjay' or any phonetically similar term as a trademark.
Extension of time provisions to extend patent terms (International reports)
In an appeal from a Patent Office decision to grant an extension of time, the Administrative Appeals Tribunal recently considered whether the Patent Office had the power to grant an extension of time to apply for an extension of a patent term outside the prescribed period, and whether the office’s use of discretionary powers in awarding the extension was justified.
IP Australia raises the bar for validity of Australian patents (International reports)
The Australian Patents Regulations 1991 have been amended so that patent applicants are no longer required to disclose the results of documentary searches carried out by foreign patent offices for corresponding applications. Instead, IP Australia will use online searches to fulfil its mantra of “one search, one examination” as its vision of the future.
Climate change: opportunities and challenges for patent owners (International reports)
Although there is often talk of the challenge posed by climate change, it also presents an opportunity. One key indicator of the amount spent on research and development in the area of wind energy over the past decade is the number of patent applications filed and these have increased significantly in recent years.
Patenting Nanotechnology In Australia (International reports)
The unique behaviour of materials at the nanoscale offers countless opportunities. Where opportunities with potential industrial applications arise in the emerging field of nanotechnology, intellectual property considerations must be addressed at the outset. Relevant considerations include both the options for protecting inventions, and the risk of infringing the rights of others at the point of commercialisation.
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