Today, the Full Federal Court dismissed the appeal in Encompass Corporation Pty Ltd v Infotrack Pty Ltd. The appeal has been closely followed by those in the ICT space due to its consideration of the approach to the Manner of Manufacture (patentable subject matter) test in the context of computer implemented inventions. Unusually, this case …
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A number of provisions of the Trade Marks Act refer to the concept of “substantially affecting the identity” of a mark. These provisions relate to whether use of an amended mark counts as use of the mark as registered; whether a pending application is “substantially identical” to a prior mark; whether amendment can be made …
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The patent-eligibility of medical diagnostics in Australia remains unchanged following a recent decision of the Federal Court in Sequenom v Ariosa[i]. While this decision does not change patent eligibility in Australia, it does demonstrate a decisive divergence between Australian and US courts when considering what constitutes a patentable invention. As we have previously reported, in …
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The Federal Court has sent a strong message to businesses who mispresent the provenance of art and souvenirs as Australian Indigenous products, recently handing down a $2.3 million fine to one Australian wholesaler. For business owners, this case is a reminder that product claims, including those that go to a product’s provenance, must be able …
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IP Australia has just launched its Indigenous Knowledge Consultation Report, which is looking at ways to improve Australia’s IP system in order to promote the cultural integrity and economic potential of Indigenous Knowledge (IK). The Report is the result of consultations with Indigenous Stakeholders on issues such as control, protection, recognition of, and respect for …
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JB Hi-Fi has won its battle to retain its Australian trade mark registration for STACK, its popular entertainment news brand, successfully challenging the Trade Mark Registrar’s proposed revocation. The trade mark STACK is used for JB Hi-Fi’s magazine and website, providing news and reviews for games, movies, tv and music[1]. The retailer acquired the unregistered …
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In the recent case of Watson v Commissioner of Patents[1] the Federal Court upheld a decision of the Commissioner that a method of innovation is not a patentable invention under the Patents Act s 18(1A) (i.e. not a manner of manufacture within meaning of Statute of Monopolies 1623 (UK) s 6). The patent in question …
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The Pinnacle Foundation website: https://thepinnaclefoundation.org/ 1.) Who are The Pinnacle Foundation, and what do they do? The Pinnacle Foundation’s focus is simple – they are helping LGBTIQ+ young adults to reach their full potential, and overcome their disadvantages. The goal is to help young people position themselves for success, transform society for the better, and …
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While those in the ICT space wait with baited breath on the outcome of Encompass Corporation Pty Ltd v InfoTrack Pty Ltd, NSD734/2018 (the Encompass appeal, reported here) for guidance on the subject matter eligibility of computer-implemented inventions, a recent decision has perhaps softened the position of the Australian Patent Office. In Apple, Inc. [2019] …
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Treasurer, Josh Frydenberg, recently indicated before a business audience in the UK that the Australian government was considering implementing a patent box tax scheme much like tax schemes adopted by other jurisdictions, most notably, the UK, France, Ireland, Switzerland, the BeNeLux countries and China. While implementation of a patent box tax scheme in Australia is …
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