Confidential information, know-how and trade secrets: which one is which?

Often the terms ‘confidential information’, ‘trade secret’ and ‘know-how’ are used interchangeably. However, each has a specific meaning which can affect the way an organisation controls and exploits that information. ‘Confidential Information’ is the overarching term for information which is confidential to an organisation. ‘Know-how’ is the knowledge of how to do something, and is …
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Be aware – IP owners targeted by scammers

Owners of patents, trade marks and registered designs are increasingly being targeted by unscrupulous organisations with fake invoices and unethical business practices. It is important that you and your accounting teams are alert to this. Check that invoice!Being an IP owner means that you will be required to pay annuities. These are payable every year …
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Happy New Year and welcome to 2018!

We’d like to wish all of our readers a happy and prosperous new year as we begin 2018. 2017 was an eventful year in the Australian intellectual property (IP) industry. We saw the results of Productivity Commission’s inquiry into Australia’s IP system which has led to the phasing out of the innovation patent, and there’s …
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Full Court rejects registration of PRIMARY HEALTH CARE

In Primary Health Care Limited v Commonwealth of Australia [2017] FCAFC 174, the Full Federal Court found the applicant’s trade marks were incapable of distinguishing the services of the subject of the application, in part because the target audience for those services included patients and the public health sector generally – not merely medical practitioners …
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Moroccanoil vs Aldi: injunction obtained for Aldi’s lookalike products

Background Moroccanoil Israel Ltd (MIL) successfully obtained injunctions restricting the sale of some of the supermarket chain Aldi’s lookalike products in the recent case of Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823. Aldi’s conduct was found to be misleading and deceptive in relation to claims regarding the performance benefits of the …
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Australia’s grace period provisions apply to whole of contents documents published after the end of the grace period

David Longmuir of Phillips Ormonde Fitzpatrick Lawyers and Mark Wickham of Phillips Ormonde Fitzpatrick recently acted for Rozenberg & Co in successfully opposing the grant of Australian Patent Application 2010294197 for a “method for the preparation of micro-RNA and its therapeutic application” in the name of Velin-Pharma A/S – see Rozenberg & Co Pty Ltd …
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Proposed changes to the Plant Breeder’s Rights system

Background In October 2017, IP Australia released an Exposure Draft of the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill (the draft Bill). The draft Bill follows a public inquiry by the Productivity Commission into Australia’s IP framework and seeks to implement a number of the Commission’s recommendations, together with …
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