Region: Australia

Out of the lion’s den – High Court clarifies trademark use

The recent High Court decision in <i>E&J Gallo Winery v Lion Nathan Australia Pty Limited</i> 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.

02 June 2010

What does the solar energy patent landscape look like?

Patent systems exist to encourage innovation by providing a government-granted monopoly in return for public disclosure of new inventions. Thus, analysis of published patent data can provide a useful indicator of research and development activity in any field of technology. An analysis of solar energy inventions reveals some interesting trends.

28 April 2010

Towards a stronger and more efficient IP rights system: part two

IP Australia has issued the second of two papers setting out details of proposed changes to Australia's IP system initially discussed in its earlier series of consultation papers. The paper further explains how IP Australia intends to deal with proposals tabled in the first-round consultation papers.

14 April 2010

Trademarks and brands: maximising the value of trademark practitioners and marketers

A trademark is what the business says it is, while a brand is what the consumer sees it as. What differentiates successful businesses from their competitors is the ability to market a brand effectively by integrating and implementing the perspectives of both trademark practitioners and marketers.

10 March 2010

The probably invalid patent: is clearing the way a necessary strategy?

Occasionally a question arises regarding the proposed exploitation of a patent that is considered to be invalid. However, there is also a further question as to whether Australian law imposes a legal duty for the "infringer" to take action to revoke the patent(s) blocking its strategy.

17 February 2010

The Australian innovation patent: a "perfect storm" for rights enforcement?

Two recent decisions of the full bench of the Federal Court of Australia have confirmed the significant potential of the innovation patent as a powerful weapon in the arsenal of proprietors of patentable intellectual assets. Innovation patents were introduced in 2001 with the intention of providing second-tier protection for innovative technologies.

03 February 2010

Towards a stronger and more efficient IP rights system

IP Australia has issued the first of two papers setting out details of proposed changes initially discussed in its earlier series of consultation papers. The new consultation paper explains how IP Australia intends to progress each of the proposals put forward in the first-round consultation papers.

13 January 2010

Proposed changes to the patent enforcement regime

The Advisory Council on Intellectual Property (ACIP) has prepared an interim report following its review of the issues relating to post-grant patent enforcement strategies. Following further consultation, the ACIP expects to submit its recommendations in a final report to the government.

09 December 2009

IP Australia proposes Peer-to-Patent pilot project

IP Australia continues to examine avenues for improving the patent system in Australia. Its latest initiative is a web-based Peer-to-Patent joint trial with the Queensland University of Technology, aimed at supporting the patent examination process and improving the quality of issued patents.

25 November 2009

Australia concentrates the patent system on climate change

The government has declared a policy to "help green innovators find a fast track to market". In offering expedited examination to environmentally friendly technologies, the Australian Patent Office is following the lead set by several of its international counterparts.

11 November 2009

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