Crown Use provisions explained
IP Australia released a new information sheet on ‘Crown Use’ provisions for patents, designs and copyright. The information sheet explains what ‘Crown Use’ is, how the provisions may be applied and your rights.
Object Failure
Object statements are typically included in the body of a patent specification to provide support for the inventive step thought to have been made. However, such statements can also have significant implications on the interpretation and validity of the claims of a patent as was starkly illustrated in the decision of Greenwood J in Uniline Australia …
>> Read more
Parking Tickets not Fine
The practice of private company Adelaide City Fines in issuing parking tickets calculated to give the impression of being “fines” issued by an official body has been found to constitute misleading and deceptive conduct in breach of the Trade Practices Act in proceedings brought by the Corporation of the City of Adelaide.
Obviousness Evidence a little too Obvious
The Full Federal Court decision in PAC Mining Pty Ltd v Esco Corporation[2009] FCAFC 18 highlights the care which must be taken in preparing evidence on the question of obviousness and the consequences of inappropriately instructing expert witnesses.
Tail Light Tales
The decision of Gordon J in LED Technologies Pty Ltd v Elecspess Pty Ltd[2008] FCA 1941 (handed down in December last year but only recently available) provides food for thought on a number of issues arising under theDesigns Act 2003.
New search option Australian PCT applicants
The Korean Intellectual Property Office (KIPO) has officially become an International Searching Authority and International Preliminary Examining Authority for Australian applicants filing under the Patent Cooperation Treaty (PCT). From 1 March 2009, under an arrangement between IP Australia and KIPO, Australian applicants can choose to nominate KIPO or IP Australia to conduct international search and …
>> Read more
Interview of IP Australia’s Director-General
Managing IP magazine’s Asia editor Peter Ollier will conduct a live online interview with IP Australia Director General Philip Noonan on Friday 6 March at 4pm Sydney time. Registration for this event is free. The one-hour interview will cover topics such as the recommendations in Terry Cutler’s venturousaustralia report, innovative step and inventive step in Australia’s patent …
>> Read more
In Good Faith?
In Edwards v Liquid Engineering 2003 Pty Ltd [2008] FCA 970, Liquid Engineering 2003 (“LE2003”) successfully brought trade mark infringement proceedings and was also successful in bringing a claim under section 88 of the Trade Marks Act, to have the register rectified to reflect the fact that it was the true owner of two trade marks which …
>> Read more
NZ hearings decisions now available online
Decisions of the Commissioner (Hearings Decisions) are now available online and can be accessed via the IPONZ website. Search facilities include: The ability to search for key words across multiple decisions Ability to download the decisions in document (RTF) format Improved indexing of decisions by year and descriptions of opposition and parties Links where applicable to …
>> Read more
Change to PCT applications entering NZ national phase
The Intellectual Property Office of New Zealand (IPONZ) has changed the way that patent details for all Patent Cooperation Treaty (PCT) applications entering New Zealand national phase are captured. From December 2008, patent details for all national phase applications will be copied from the World Intellectual Property Organisation (WIPO) database. The change in process means …
>> Read more