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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Amazon has been named the world’s most valuable brand in Brand Finance’s Global 500 2018 Report. It tipped out Apple and Google for the prize. Locally, Telstra, the Commonwealth Bank and ANZ rounded out the Australian top three. On a regional basis, Mercedes-Benz ranks as Europe’s most valuable brand, Amazon as North America’s, the petroleum …
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As of 22 February 2018, many businesses operating in Australia must disclose certain data breaches under the Notifiable Data Breach Scheme. The NDB Scheme applies to all Federal Government agencies, business and not for profits with a turnover greater than $3 million, as well as all other businesses who collect personal information or provide health …
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With the Australian Grand Prix returning in March, Melbourne will once again play host to the fastest race cars in the world. For some, the race is the engineering Olympics. An action-packed sporting spectacular, each car on the grid representing decades of hard-fought improvements in material, mechanical, safety and software engineering all of which embodied …
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Phillips Ormonde Fitzpatrick client Meat & Livestock Australia (MLA) has issued a statement welcoming the highly anticipated Federal Court decision in Meat & Livestock Australia Limited v Cargill, Inc [2018] FCA 51. The case concerned an appeal from the decision of the Australian Patent Office dismissing an opposition by MLA and Dairy Australia to the grant …
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