POF is proud to celebrate diversity and multiculturalism for Harmony Day 2018. As part of the celebration, POF held a multicultural lunch that included food from many different countries around the world, promoting Harmony Day’s message of ‘everyone belongs’. Australia is a vibrant and multicultural country — from the oldest continuous culture of our first …
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Businesses that purchase Australian patented goods are free to use them in any manner desired unless the patentee imposes conditions at the time of sale. However, does this still apply when the purchased goods are modified in the course of refurbishment and resold? This issue was recently considered by the Federal Court in the patent …
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Overseas trade mark owners seeking to challenge an Australian trade mark application similar to their own will often need to rely on a claim to being the true owner of the mark in Australia. A number of recent decisions applying a more liberal interpretation of the requirement of ‘substantially identical’ under section 58 of the …
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Syngenta Crop Protection AG v Bayer Intellectual Property GmbH [2018] APO 19 (9 March 2018) Syngenta has been successful in its opposition to two related Bayer patent applications. The patents relate to an insecticidal composition comprising a synergistically effective combination of one neonicotinoid compound selected from [a number of listed neonicotinoids] and an anthranilamide compound. …
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Copyright works can often be the result of input from more than one person. The work will be considered one work (work of joint authorship) if the work has been produced by the collaboration of the authors and the contribution of each is not separate from the contribution of the others. Otherwise there will be two or …
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A recent decision of the patent office, Merial, Inc. v Bayer New Zealand Limited [2018] APO 14, has again highlighted the hazards of failing to “disclose the best method known to the applicant of performing the invention”, as required by section 40(2)(aa) of the Australian Patents Act. The facts of the case Opposed application AU2014201152 …
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Legislation was passed by the New Zealand Government on 5 March 2018 introducing amendments to the Patents Regulations 2014, the Trade Mark Regulations 2003, the Trade Marks (International Registration) Regulations 2012, and the Design Regulations 1954. These amendments will allow for an address for service to be provided in Australia or New Zealand for patent, …
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The Full Federal Court has recently considered what level of disclosure is needed in a patent specification in order that it “describes the invention fully” as required by Section (40)(2)(a) of the Patents Act 1990, prior to being amended by the Intellectual Property Laws Amendment (Raising The Bar) Act 2012. In Warner-Lambert Company LLC v …
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Phillips Ormonde Fitzpatrick is proud to #PressForProgress and support International Women’s Day 2018. Now, more than ever, there’s a strong call-to-action to press forward and progress gender parity. POF held a fund-raising morning tea to celebrate the social, economic, cultural and political achievements of women. This also provided a platform for conversation, with everybody coming …
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In Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235, Host Corp successfully revoked BCP’s trade mark registrations for BOHEMIA and BOHEMIA CRYSTAL on the basis that neither mark was to any extent adapted to distinguish goods including glassware, nor had they become factually distinctive by reason of their use. On the …
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