The Advisory Council on Intellectual Property (ACIP) has released a paper outlining options for reforming the legal tests for patentable subject matter. The options proposed by ACIP include modernising or replacing the existing test for patentable subject matter. Some of the options have the intent of allowing researchers and innovators greater clarity and transparency when it …
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The decision in Intelmail Explorenet Pty Limited v Vardanian (No 2) [2009] FCA 1018 again illustrates the difficulties which can arise where ownership of employee or contractor generated intellectual property is not adequately addressed by express contractual terms. Dilanchian, the controlling shareholder of Intelmail, had for many years operated a business involving the manufacture, sale and servicing of …
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The New Zealand Court of Appeal has affirmed the decision by the Assistant Commissioner and the New Zealand High Court to dismiss Intellectual Reserve Inc’s trade mark opposition in Intellectual Reserve Inc v Sintes[2009] NZCA 305. The appellant, Intellectual Reserve Inc, is the owner of a number of trade mark registrations for either the word mark …
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IP Australia has announced that patent applications for environmentally friendly technologies can be fast-tracked.
Berenger Blass Wine Estates, now known as Foster’s Wine Estates Limited (Fosters) has successfully opposed a trade mark application for REGIONS in respect of alcoholic beverages including wine in Class 33 filed in the name of Andrew Harris (Harris) in Blass Wine Estates v Andrew Harris [2009] ATMO 52 (9 July 2009). The only ground of opposition …
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In a case having significant implications for academic institutions, the Full Federal Court in University of Western Australia v Gray [2009] FCAFC 116rejected the claim that the University of Western Australia owned the rights to inventions made by one of its academics, upholding French J’s first instance decision in University of Western Australia v Gray (No 20) [2008] FCA …
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Early last week the Federal Court granted two interlocutory injunctions to restrain alleged patent infringement in Alphapharm Pty Limited v Wyeth[2009] FCA 945 and Medrad Inc v Alpine Medical Pty Ltd [2009] FCA 949.
The Patent office decision in LTS Lohmann Therapie-Systeme AG and Schwarz Pharma Limted [2009] APO 16, rejecting an application for an extension of patent term, highlights the care which must be taken in drafting claims to drug delivery systems such a transdermal patches if such an extension is to be successfully obtained.
The Australian Advisory Council on Intellectual Property (ACIP) has released an interim report outlining measures to assist inventors to enforce their rights and is seeking written submissions by 30 September 2009.
IPONZ has rejected an opposition by Foster’s Group Pacific Limited to the registration of the trade marks shown below filed in the name of Flour Mills of Fiji Limited in Flour Mills of Fiji Limited v Foster’s Group Pacific Limited[2009] NZIPOTM 15.
