Region: Australia

The Australian High Court has rejected a constitutional challenge by major tobacco company Philip Morris and others against the government's tobacco plain packaging legislation. The companies had argued that, with compulsory plain packaging laws, the government would acquire their intellectual property unjustly, and that the legislation deprives them of the right to use their intellectual property.

22 August 2012

In a significant blow to Google’s business model, the Full Court of the Federal Court of Australia has unanimously found that Google engaged in misleading or deceptive conduct by publishing a competitor’s web address in sponsored links appearing in response to an enquiry made through Google’s search engine. The decision overturns an earlier finding that Google was a mere conduit of the misrepresentations.

11 July 2012

Less than eight months ago the most recent attempt to legislate against so-called "gene patents" was effectively killed by a Senate committee report. Although the Intellectual Property Amendment (Raising the Bar) Act 2012 has since been passed, opponents of gene patents remain unsatisfied. However, it has now been reported that there will be a new push to ban gene patenting through a private member's bill.

13 June 2012

Over the past two years the Australian Patent Office has issued a string of decisions rejecting applications for so-called "business method patents" on the grounds of unpatentable subject matter. The recent Patent Office decision of <i>Celgene Corporation</i> has been received with interest, as it marks a subtle departure from the prevailing Patent Office treatment of business method patents.

11 April 2012

Brand owners are becoming increasingly concerned about the quality of counterfeit goods imported into Australia. Customs assists brand owners in keeping counterfeit goods from entering Australia by enforcing notices of objection which are in place. Customs notices of objection can therefore be a powerful tool in any intellectual asset management strategy, especially if implemented early.

28 March 2012

Approximately 80% to 85% of the value of a company lies in its intellectual assets. However, intellectual assets other than intellectual property can be more difficult to identify. The corporate sector is beginning to appreciate that these other intellectual assets have potential value and is embarking on ways to identify and capture them.

29 February 2012

The Australian Trademarks Office recently decided in favour of Boost Juice Holdings Pty Ltd in its opposition to an application by Boost Foods Holdings Pty Ltd to register the mark BOOST FOODS. The BOOST FOODS application was rejected in its entirety, as Boost Juice had established the "reputation" opposition ground under Section 60 of the Trademarks Act.

18 January 2012

The opening gambit in the Australian arm of the global dispute between Apple and Samsung has finally drawn to a close. The High Court of Australia refused Apple's request for special leave to appeal from a decision of the Full Bench of the Federal Court denying a preliminary injunction against the launch of the Galaxy Tab 10.1.

21 December 2011

As part of reforms to reduce smoking and the harmful effects of tobacco, the government has passed the Tobacco Plain Packaging Act 2011. The act restricts trademarks from being placed on tobacco products or their retail packaging, thus preventing such trademarks from being used as a design feature to divert attention away from health warnings.

23 November 2011

Following public consultation, the Senate Legal and Constitutional Affairs Committee has concluded that the current patent system is adequate to allow access to genes and biological materials, making proposed amendments to the Patents Act unnecessary. Therefore, it recommended that Parliament should not pass the Patent Amendment (Human Genes and Biological Materials) Bill 2010.

09 November 2011