Region: Australia

Vringo's $21.5 million global settlement with ZTE reflects the IP market's new realities

US PIPCO Vringo announced late yesterday that its Vringo Infrastructure subsidiary had reached a litigation settlement and licence agreement with Chinese telecoms major ZTE, bringing to an end a sprawling, multi-jurisdictional and at times…

08 December 2015

A possible silver lining for Australia's biotech innovators after bombshell Myriad decision

IP owners everywhere are well aware that a ruling on patent eligibility from a country’s highest court can turn a market on its head overnight. As IAM has detailed in the past, the extent to which an IP office offers well-defined guidance on those…

20 October 2015

High Court: Myriad's BRCA genes not patentable subject matter

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.

14 October 2015

Misinformation and misinterpretation abound as the TPP passes after years of wrangling

Negotiators from 12 Pacific Rim countries announced yesterday that they had reached agreement on the Trans-Pacific Partnership (TPP), a trade liberalisation pact covering 40% of the world’s economy which has proven controversial for, among other…

06 October 2015

'Je suis Cecil': trademark law and distasteful capitalism

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

Ixnay on the TAR JAY – Target defends its urban nickname

Never one to let a good parody go astray, Target Australia Pty Ltd (aka 'Targét' or 'Tarjay') has successfully prevented 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

New report seeks to accelerate the development of generally accepted IP valuation principles

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 looks set to rethink its utility model regime after study suggests net cost to the economy

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

Malaria + Viagra = unhappy ending for parasites

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

Could the courts compel prescribers and dispensers of medicines to help Big Pharma fight generics?

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

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