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It is a sad but undeniable truth that people seek to capitalise on tragic events, including by attempting to register related trademarks. A number of countries have trademark laws which prohibit the registration of marks considered to be scandalous or offensive. However, whether a mark is considered scandalous or merely distasteful depends on context.
02 September 2015
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.
05 August 2015
If IP is ever to be the asset class that many believe it should be, finding a transparent, coherent, widely accepted way to value IP holdings is absolutely crucial. Over the years, there have been a number of attempts to develop generally agreed…
03 July 2015
Australia’s Advisory Council on Intellectual Property (ACIP), an independent body, has recommended that the government consider abolishing the second-tier ‘innovation patent’. The recommendation comes on the heels of a study by IP Australia’s Office…
11 June 2015
A recent study has shown that the active ingredient in Viagra (sildenafil) has the capacity to slow the spread of malaria parasites. The study serves as a timely reminder of the relevance of second medical use patents and their potential for extending the period in which a substance/composition can be patent protected.
03 June 2015
Decisions issued by the High Court and the Full Federal Court have offered guidance to generic pharmaceutical manufacturers on how to avoid contributory patent infringement by amending product information documents. However, a recent UK court ruling broke new ground in ordering an official health body to issue guidelines on prescribing a generic drug. Could the same thing happen in Australia?
06 May 2015
In the face of extensive cuts to its funding and personnel, the Commonwealth Scientific and Industrial Research Institute (CSIRO) – Australia’s state-funded R&D agency – is turning to the venture capital industry for inspiration in the hope that it…
04 May 2015
So far in 2015 sports fans have had plenty to watch: the Asian Football Confederation Asian Cup football tournament reached its climax, the Cricket World Cup is underway in Australia and New Zealand, and the Melbourne Formula One Grand Prix takes place shortly. The intensive sports coverage of these events around the world highlights the need for sporting inventions.
11 March 2015
The Australian Trademark Office's treatment of a trademark application filed by boy band 5 Seconds of Summer demonstrates that it does not matter how famous a trademark applicant is (or thinks it is) – the rules of trademark registration are the same for everybody.
04 March 2015
The Personal Property Securities Act 2009 was introduced to reduce the uncertainties in creating, registering and searching for security interests held over personal property in Australia, and to an extent it has achieved this purpose. However, the act can have surprising consequences for rights holders and IP financiers.
27 August 2014
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