Region: Australia

Qantas logo change shows how to strike the right balance

When and whether to change a logo is one of the greatest challenges for businesses. A dramatic change can alienate customers, while refusing to update a logo can be seen as a failure to move with the times. Qantas’s alterations to its FLYING KANGAROO logo illustrate how businesses can strike the right balance, staying current while keeping customers happy.

10 October 2007

Patents versus generics in a changing legal landscape

The Australian pharmaceutical market, like many others, is a battleground for patentees and generic manufacturers. Changes in so-called ‘springboarding’ provisions aim to create a level playing field. However, the relatively low cost of litigation means that more companies are challenging each other through the court system.

26 September 2007

Tactics for opposing patents in Australia

Australia’s pre-grant patent opposition system means that companies keeping a weather eye on the acceptance and/or grant of patents by competitors have the chance to file oppositions. However, such oppositions can go a number of ways – companies are advised to approach the opposition tactically in order to achieve the best result.

19 September 2007

Tips on planning an overseas IP filing programme

Seeking overseas IP protection is a significant yet commonplace step in the commercialisation of intellectual property. However, it has the potential to take significant time and expense if not planned well. The following review suggests recommendations for handling the overseas filing process that can generate dramatic time and cost savings.

22 August 2007

The innovation patent – a missed opportunity in Australia?

New figures from IP Australia show that fewer than 5% of patent filings in Australia are for so-called ‘innovation’ patents, and that a disproportionately high number of these are made by private applicants. This suggests that few patent holders are using the system strategically, and that many patent holders are missing available opportunities.

01 August 2007

IP Australia consults on streamlining patent prosecutions

The government has launched a consultation on the possibility of abolishing the requirement for patent applicants to provide details of prior art cited by foreign patent offices. Removing this requirement would significantly reduce the cost and administrative burden to patent applicants and is part of IP Australia’s plan to achieve an ideal patent system.

11 July 2007

Inventorship and Entitlement

In an earlier edition of this Journal the outcome of a case concerning patent entitlement issues arising from multiple inventors and joint patentees was reported (Journal vol 23, No 2*). At that time the case (<em>Conor Medsystems, Inc v The University of British Columbia </em>(No. 2) [2006] FCA 32) was on appeal to the Full Court of the Federal Court of Australia. The decision on the appeal has now been handed down.

01 June 2007

High Court Clarifies Overlap

On 26 April 2007, the High Court of Australia delivered its long awaited judgement in <em>Burge v Swarbrick</em> ([2005] FCAFC 257). The judgement has clarified the “overlap” between copyright protection and design protection, and laid down important guidelines for the coverage of each form of intellectual property protection.

01 June 2007

Recent Changes to the Trade Marks Act 1995

Trade mark owners should be aware that significant amendments to the Australian Trade Marks Act 1995 (“the Act”), outlined in the Trade Marks Amendment Act 2006, have now come into effect.

01 June 2007

Australian Designs - Who’s Filing What?

The Australian Designs Act 2003 (the new Act) was introduced on 17 June 2004. To date there have been approximately 10,000 design applications filed under the new Act.

01 June 2007

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