“Gene Patents” in Australia – Where do we stand?
The Australian Government has vehemently rejected an absolute ban on the patenting of genes and other biological materials.
Beware of trap purchase pitfalls
Evidence of representations made during a trap purchase may be crucial in proving passing off or misleading and deceptive conduct.
Federal Court rekindles patent opposition obviousness
As noted previously, the decision in Austal Ships v Stena regarding the evidentiary onus placed on an opponent has made establishing lack of inventive step as part of a patent opposition very difficult. However, the recent decision in Aspirating IP Limited v Vision Systems Limited [2010] FCA 1061 appears to have breathed new life into …
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Whirlpool’s recipe for success
Whirlpool Properties, Inc the company behind the well-known KITCHENAID food mixer has successfully prevented registration of the trade mark KitchenMaid.
Revision of Divisional Practice
IP Australia is currently implementing changes to the way in which it handles divisional patent applications. The intention of the changes is to reduce delays in achieving resolution (acceptance or refusal) of divisional applications.
Australian Federal Police tackles organised counterfeiting
On 14 September 2010, the Australian Federal Police (AFP) carried out raids targeting the distribution of counterfeit goods. These raids were the result of coordinated efforts with Customs.
Luscious Lips Ship Sinks
Nature’s Blend, owner of the trade mark LUSCIOUS LIPS, has failed in its appeal to the Full Federal Court against a finding of non-infringement by Nestlé in Nature’s Blend Pty Ltd v Nestlé Australia Ltd [2010] FCAFC 117.
Forever Young Trade Mark Lives On
In Eurark LLC v Planet Health Pty Limited [2010] ATMO 75 Eurark successfully defended an action by Planet Health for removal of its trade mark FOREVER YOUNG on the basis of nonuse. The trade mark was registered in respect of “cosmetics, namely cellular moisturizing creams, lotions and gels”.
Latest figures of counterfeit items seizures in the European Union
The European Commission released its latest statistics for goods suspected of infringing intellectual property rights intercepted in 2009 by EU Customs. The most frequently detained articles include cigarettes (19%), labels (13%) and medicines (10%). As in Australia, more and more of the products detained by customs are consumer goods and not just luxury goods like …
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Cloudy ownership of rainwater tanks
In Courier Pete Pty Ltd v Metroll Queensland Pty Ltd [2010] FCA 735 Metroll, a rainwater tank manufacturer, was unsuccessful in its claim that it was the person entitled to be registered as the owner of registered designs for new rainwater tanks. The designer and the designs Mr Collymore was the factory foreman of Metroll’s …
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