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News - Phillips Ormonde Fitzpatrick | Intellectual Property Law Firm - Patent and Trade Mark Attorneys - Research and Investigation

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Avoid a Patent Fee Increase - act before 1 August

Date:

7 July 2010

Summary:

The Australian Patent Office is shortly increasing many patent fees.

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Computer Programs No Go in NZ

Date:

5 July 2010

Summary:

A proposed amendment to the New Zealand Patents Act would prevent computer programs from being the subject of patents.

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The Maintenance of Privilege in Intellectual Property Litigation - an Australian Perspective

Date:

22 February 2010

Summary:

An article by Chris Schlicht and Adrian Crooks that first appeared in the January/February 2010 edition of US magazine, IP Litigator.

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AquaSpy wins "Product Innovator to Watch" Award

Date:

19 February 2010

Summary:

Congratulations to Adelaide-based AquaSpy, which has won the inaugural South Australian CleverGreen “Product Innovator to Watch” Award for its internationally successful smart water technologies.

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Improper patent marking attracts large fines in the US

Date:

5 February 2010

Summary:

Review of a US case resulting in higher penalties for false marking than previously the case

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Extension of term

Date:

2 December 2009

Summary:

A review of the current state of play with extension of term for pharmaceutical patents in Australia.

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What constitutes a well known trade mark?

Date:

12 November 2009

Summary:

This article attempts to provide some guidance as to how our courts currently measure reputation and the type of evidence that can establish this.

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Greg Chambers elected President of FICPI Australia

Date:

1 September 2009

Summary:

At its Special General Meeting on 30 August 2009, Greg Chambers was elected President of International Federation of Intellectual Property Attorneys (FICPI) Australia for a three year term.

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Live vaccine against Malaria to be tested

Date:

29 July 2009

Summary:

The first genetically modified strain of the malaria parasite to be used as a live vaccine against the disease has been created by POF client the Walter and Eliza Hall Institute of Medical Research.

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POF client wins Innovic's International Next Big Thing Award

Date:

20 July 2009

Summary:

We congratulate Mycrolab Diagnostics and also Creative Water Technology.

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Partnership changes at POF

Date:

30 June 2009

Summary:

POF has announced four partner appointments, and one retirement.

View new partners article
View David Fitzpatrick retirement article
IceTV Pty Limited v Nine Network Australia Pty Limited

Date:

1 June 2009

Summary:

High Court copyright (database) case review

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.tel top level domain launched

Date:

24 March 2009

Summary:

New top level domain now available.

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Case review - LED Technologies Pty Ltd v Elecspess Pty Ltd

Date:

10 March 2009

Summary:

A designs case that considers a number of issues arising under the Designs Act 2003.

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PO&F name change...to POF

Date:

31 December 2008

Summary:

PO&F name loses the ampersand

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Case review - Review 2 v Redberry Enterprise

Date:

13 November 2008

Summary:

A designs case that considers what is an informed user.

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The Jury is still out on whether section 117 applies to patented methods or processes.

Date:

22 October 2008

Summary:

Review of Northern Territory v Collins

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Beware of the Australian Grace Period provision - It has limitations!

Date:

7 October 2008

Summary:

Review of Mont Adventure Equipment Pty Limited v Phoenix Leisure Group

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Case review - Delnorth v Dura-Post

Date:

7 October 2008

Summary:

Anaylsis of Gyles J's interpretation of the 'inventive steps' requirement of Section 7(4) of the Patents Act

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Government export grant scheme extended to IP expenditure

Date:

3 July 2008

Summary:

Commonwealth Government EMDG scheme amended

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Two New Zealand trade mark opposition cases

Date:

2 July 2008

Summary:

Short case reviews of two recent trade mark opposition hearings:

View NZ Mint v NZ Post
View Bickfords v Hansen
Change at the top of IPOPNG

Date:

1 July 2008

Summary:

Registrar retires

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Warning to take care if including experimental data in patents

Date:

26 June 2008

Summary:

Case review - Full Federal Court appeal - Ranbaxy Australia Pty Ltd v Warner-Lambert Company LLC(No 2)

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Phillips Ormonde launches IP law blog

Date:

8 May 2008

Summary:

Phillips Ormonde has launched an Australian and New Zealand law blog.

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Case Note – Health World Limited v Shin-Sun Australia Pty Ltd

Date:

22 April 2008

Summary:

Trade mark case relating to deceptive similarity

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Phillips Ormonde wins MIP case of the year

Date:

10 April 2008

Summary:

Phillips Ormonde awarded Global IP award.

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No change to USPTO practice

Date:

2 April 2008

Summary:

The US District Court in the Eastern District of Virginia has ruled that the USPTO's proposed rule changes (see below) are void as they are substantive in nature and the USPTO is not empowered to make substantive rules.

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Case Note – Review Australia Pty Ltd v Innovative Lifestyle Investments Pty Ltd [2008] FCA 74

Date:

31 March 2008

Summary:

Designs case

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PO&F wins David & Goliath victory in BRW Melbourne Triathlon

Date:

3 March 2008

Summary:

PO&F beats all other legal and patent attorney firms in 2008 BRW Melbourne Triathlon.

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Case review - Polo/Lauren Company L.P. v Ziliani Holdings Pty Ltd [2008] FCA 49

Date:

11 February 2008

Summary:

The Federal Court has confirmed that the door is now shut to trade mark owners seeking to use copyright in a mark or label as a means of preventing parallel importation in the recent decision of Rares J in The Polo/Lauren Company L.P. v Ziliani Holdings Pty Ltd.

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PO&F rating well in surveys and client feedback

Date:

8 February 2008

Summary:

PO&F rates well in BRW St George and MIP surveys.

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Case review - Granting a licence to harvest trees may amount to contributory infringement of a patent

Date:

26 November 2007

Summary:

Collins v Northern Territory [2007] FCAFC 152.
A majority of the Full Federal Court held that the NT's grant of a licence to harvest certain trees amounted to a supply of those trees, so the NT's conduct could be contributory infringement under s 117.

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Need to file search results being discontinued

Date:

22 October 2007

Summary:

On 17 October, 2007, the Patents Amendment Regulations 2007 (No 1) removed the obligation to lodge certain official search results with the Patent Office in respect to all future (after 22 October) and many pending applications

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Case review - Termite Tite (NZ) v Term-Seal (Aust)

Date:

16 October 2007

Summary:

Federal Court finds for plaintiff in patent infringement case

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Case review - Brother Industries Ltd v Dynamic Supplies Pty Ltd

Date:

11 October 2007

Summary:

Federal Court finds for plaintiff in trade mark infringement, trade practices and passing off case

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To amend or not to amend

Date:

16 August 2007

Summary:

A change in approach to amending claims after an initial opposition decision

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The 3rd DuPont Aust & NZ Innovation Awards

Date:

16 August 2007

Summary:

The DuPont Aust & NZ Innovation Awards are now open.

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Government to provide for experimental use

Vale Tony Price

Date:

3 July 2007

Summary:

The partners and staff of Phillips Ormonde & Fitzpatrick were devastated to learn of the sudden death of our friend and colleague, Tony Price, yesterday evening.

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Date:

6 August 2007

Summary:

The Australian Government has agreed to amend the Patents Act to define an experimental use exception.

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New partners and associates announced

Date:

1 July 2007

Summary:

The partners of Phillips Ormonde & Fitzpatrick and Phillips Ormonde & Fitzpatrick Lawyers are pleased to announce the following appointments

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Next Big Thing Award

Date:

25 May 2007

Summary:

The Next Big Thing Award winners were announced today.

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Lockwood wins High Court case

Date:

24 May 2007

Summary:

Lockwood Security Products Pty Ltd, represented by Phillips Ormonde & Fitzpatrick Lawyers, has recently succeeded in its second (and final) appeal to the High Court of Australia against Doric Products Pty Ltd.

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Australian Design Awards

Date:

16 May 2007

Summary:

A number of PO&F clients receive Australian Design Awards or Australian Design Marks

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Case review - Burge V Swarbrick

Date:

4 May 2007

Summary:

On 26 April 2007 the High Court of Australia handed down its decision in the Burge v Swarbrick case setting aside a finding of copyright infringement made by the Full Federal Court.

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PO&F client, LabTech Systems Ltd, signs worldwide license agreement

Date:

19 April 2007

Summary:

LabTech Systems Ltd, a listed Australian health care equipment and services company, and bioMérieux, a French-based world leader in the field of in vitro diagnostics, announced today that they have signed an exclusive worldwide license agreement.

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PO&F wins Best specialist firm award for 3rd year running

Date:

15 March 2007

Summary:

Phillips Ormonde & Fitzpatrick has been announced as the Best specialist firm in the annual BRW-St. George Client Choice Awards.

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PO&F placed in top tier for patent prosecution work in Australia

Date:

8 March 2007

Summary:

PO&F ranks highly in world IP survey conducted by Managing Intellectual Property.

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IP Australia fees set to change

Date:

19 January 2007

Summary:

IP Australia has announced changes to a number of fees relating to patents, trade marks and designs to be effective from 1 March 2007...

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New brand for Phillips Ormonde & Fitzpatrick

Date:

11 December, 2006

Summary:

Welcome to the new look for Phillips Ormonde & Fitzpatrick...

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Malcolm Royal obituary

Date:

23 November, 2006

Summary:

With the passing of Malcolm Royal after a four-year battle with cancer, Australia has lost one of its highest profile patent attorneys...

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The physical effect of business methods - Case review

Date:

14 August, 2006

Summary:

THE PHYSICAL EFFECT OF BUSINESS METHODS

By Ross McFarlane and Stephen O’Brien

The Federal Court of Australia has found that business methods, like other inventions, require the prese...

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New Associates announced

Date:

30 June, 2006

Summary:

The partners of Phillips Ormonde & Fitzpatrick are pleased to announce the promotion of five staff to Associate effective 1 July 2006. The appointments are:
Adrian Crooks - Phillips Ormonde & Fit...

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CeBIT competition prize winners

Date:

16 May, 2006

Summary:

The winners of the daily prize draw at CeBIT 2006 were:
HiMac Computers
Yossi Biton - Bico Designs Pty Ltd
Vish Viswanathan - CC and C Solutions Pty Ltd...

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New Partner joins PO&F

Date:

10 April, 2006

Summary:

Mr Ross McFarlane has joined Phillips Ormonde & Fitzpatrick as a partner.

Ross McFarlane’s core expertise is in the electrical and electronic technologies, including electrical engineering, I...

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BRW Corporate Triathlon Adelaide 2006

Date:

29 March, 2006

Summary:

Two teams of three members represented PO&F in the Adelaide BRW Triathlon. Each PO&F athlete participated in the “sprint version” of the event against approximately 80 other teams. The “sprint versi...

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BP Ultimate/BRW Corporate Triathlon - National Series 2006

Date:

17 March, 2006

Summary:

The BP Ultimate/BRW Corporate Triathlon was held at Elwood Beach in Melbourne on Sunday 5 March. The perfect weather conditions saw over 5,000 competitors participate in a 400m swim, 10km cycle and 4k...

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PO&F ranked Best Specialist Firm for the second year running

Date:

9 March, 2006

Summary:

For the second year running, Phillips Ormonde & Fitzpatrick has been rated Best Specialist Firm in the BRW-St George Client Choice Awards.

The BRW-St George Client Choice Awards are determine...

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Malcolm Royal to retire from Phillips Ormonde & Fitzpatrick

Date:

28 February, 2006

Summary:

After 36 years with the firm, Malcolm Royal has announced his retirement effective 31 March 2006.

Malcolm joined Phillips Ormonde & Fitzpatrick in 1970, qualified as a patent attorney in 1971...

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Competition to find the best new Australian products and innovations

Date:

15 February, 2006

Summary:

Inventors can compete to have their product judged as the “Next Big Thing” through an award launched by INNOVIC, the Victorian state government-supported invention organisation.

The 2006 Next...

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PO&F a finalist in asialaw IP awards

Date:

20 January, 2006

Summary:

PO&F was one of four Australian firms shortlisted for the asialaw IP awards.
The firm was the only one of the four to focus solely on intellectual property....

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PO&F staff member awarded IPTA Prize

Date:

7 December, 2005

Summary:

Congratulations to Adrian Crooks who was awarded the Institute Prize by The Institute of Patent and Trade Mark Attorneys of Australia.

The Prize is awarded to the most outstanding student...

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".eu" Domain Names released in Europe

Date:

8 September, 2005

Summary:

The Internet Corporation for Assigned Names and Numbers (ICANN) has decided to release second level “.eu” domain names.

Currently there is no firm dates as to when the registration process is going...

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".es" Domain Names released in Spain

Date:

8 September, 2005

Summary:

New second-level “.es” domain names are being released by the Spanish Authority in domain names (“Red.es”).

This release of “.es” domain names enables foreign companies with a registered trade ma...

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PO&F wins 'Best Specialist Firm' of the year and Outstanding Client Care Awards

Date:

7 March, 2005

Summary:

Leading patent and trade mark attorney firm, Phillips Ormonde & Fitzpatrick, was acknowledged as a leader in client service at the inaugural BRW-St George Client Choice Awards evening, recently held...

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PO&F's 10th year entry into the BRW Corporate Triathlon

Date:

10 February, 2005

Summary:

2005 marks the 10th year that Phillips Ormonde & Fitzpatrick has fielded teams in the St George BRW Corporate Triathlon, scheduled for March 20 at Elwood Beach.

The triathlon is run in a team...

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1 Million PCT Applications and Growing

Date:

18 January, 2005

Summary:

The World Intellectual Property Organization (WIPO) paid tribute on Friday 14 January 2005 to the world’s innovators on the occasion of the filing of the one millionth international patent application...

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USPTO Releases Annual list of Top 10 Organisations receiving most U.S. Patents

Date:

18 January, 2005

Summary:

American Innovation Continues to Top the Field

The Department of Commerce’s United States Patent and Trademark Office (USPTO) announced today the 2004 top 10 private sector patent recipients...

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Grace period review - Discussion paper

Date:

21 December, 2004

Summary:

The grace period was introduced in April 2002 to protect patents from invalidation by a publication or use of the invention made by, or with the consent of, the nominated person or patentee during...

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Trans-Tasman economic market: Intellectual property co-ordination

Date:

20 December, 2004

Summary:

IP Australia’s Director General, Dr Ian Heath, and New Zealand’s Chief Executive of the Ministry of Economic Development, Mr Geoff Dangerfield, today announced a joint work programme on intell...

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ACIP - Consideration of patents and experimental use - Options Paper December 2004

Date:

20 December, 2004

Summary:

Consideration of patents and experimental use

In recent years, there has been increasing concern, both in Australia and overseas, that patent rights may be inhibiting research and development...

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POFL strikes again with another successful appeal

Date:

20 December, 2004

Summary:

Following on from its recent success in the High Court acting on behalf of Lockwood Security Products Pty Ltd, Phillips Ormonde & Fitzpatrick Lawyers have again been successful in an appeal, on this...

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Locking in Patent Protection

Date:

30 November, 2004

Summary:

Lockwood Security Products Pty Ltd, represented by Phillips Ormonde & Fitzpatrick Lawyers, has recently succeeded in its appeal to the High Court of Australia against Doric Products Pty Ltd. The...

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Consideration of excluding plant and animal subject material from the innovation patent

Date:

30 November, 2004

Summary:

In May 2001, a new protection option, the innovation patent, became available. The innovation patent provides industry with a relatively inexpensive patent right, which is quick and easy to obtain. The...

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Plant Breeder’s Rights Joins IP Australia

Date:

5 November, 2004

Summary:

IP Australia, the government agency that administers patents, trade marks and designs is now responsible for another form of intellectual property, the Plant Breeder’s Rights Scheme (PBR). The move, a...

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The Release of Second Level ‘.SG’ (Singapore) Domain Names

Date:

7 September, 2004

Summary:

On 16 August 2004, SGNIC announced the launch of second-level level domain names (e.g. ‘name.sg’) under ‘.sg’ name space. The launch will be in two phases: Soft Launch from 15 Sep 04 to 2 Jan 05 and...

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IP side-effects of US Free Trade Agreement - BRW: Tom Skotnicki

Date:

23 August, 2004

Summary:

The detailed provisions of the free-trade agreement with the United States should be compulsory reading for most business people. The agreement will result in changes to aspects of business, some of...

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PO&F Adelaide registers first design under new Des

Date:

6 August, 2004

Summary:

ADELAIDE, 5 August 2004: PO&F Adelaide has been awarded the first ever design registration under the new Australian Designs Act. Carter Corporation Pty Ltd has been awarded registered design number 3...

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Patent attorneys challenge assertions re FTA paten

Date:

6 August, 2004

Summary:

MELBOURNE - The practice of ‘evergreening’ patent applications is of little concern in Australia and consequently does not require further amendment to patent laws, according to The Institute of Paten...

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WIPO Welcomes EC to International Trade Marks Syst

Date:

1 July, 2004

Summary:

The Director General of the World Intellectual Property Organization (WIPO), Dr. Kamil Idris, has welcomed the accession of the European Community (EC) to the Madrid Protocol, one of the two treaties...

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A new Designs Act for a new era

Date:

17 June, 2004

Summary:

Designers will have an easier and more effective way of protecting their industrial designs, with the new Designs Act 2003 coming into effect from today. “This is a new Designs Act for a new era,” Fed...

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AFR : Patent attorney rules face shake-up

Date:

17 June, 2004

Summary:

Admission requirements for patent and trademark attorneys are set for the second shake-up in five years after a new report recommended the introduction of a two-year restricted practice system for new...

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ACIP trade mark enforcement review

Date:

1 June, 2004

Summary:

ACIP's wide ranging review examined issues effecting the enforcement of trade marks in Australia. ACIP conducted a series of discussions with the business community (including both small and large business)...

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