This week, POF hosted the latest roundtable discussion organised by the Australian Innovation Research Group (AIRG). AIRG supports its members by creating opportunities for collaboration and facilitating peer-to-peer mentoring, allowing members to learn from companies similar and different to their own. The series of roundtable discussions are think tanks that provide an opportunity to discuss …
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IP Australia have opened public consultation on five IP policy matters. Four of these policy matters form part of IP Australia’s proposed implementation of the Government’s response to the Productivity Commission’s 2016 Report on Intellectual Property Arrangements. The remaining paper relates to a trade marks issue. IP Australia is proposing to introduce the legislative changes …
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In many jurisdictions, damages as a remedy for infringement are not available or are reduced where the infringer proves they were an ‘innocent infringer’. An ‘innocent infringer’ is not aware of the existence of a registered IP right at the time of the infringement and had no reasonable grounds for supposing that the subject matter …
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Today the Australian Government released its response to the Productivity Commission’s inquiry into Australia’s IP system. Both the Productivity Commission and the former Advisory Council on Intellectual Property had recommended that the innovation patent system be abolished, a recommendation that the Australian government has supported. An innovation patent requires a lower level of innovation than …
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The Australian Government has released its response to the Productivity Commission’s inquiry into Australia’s IP system. The report may be found here. The Government has made a number of recommendations across Australia’s intellectual property system. While the implementation of the recommendations will be some time away, some dramatic changes are proposed. Perhaps the most significant …
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A Full Bench of the Federal Court of Australia has overturned an earlier decision of the Administrative Appeals Tribunal (AATA) and ruled that Swiss-style claims relating to pharmaceutical substances produced using recombinant DNA technology are not eligible for patent term extension. The decision in Commissioner of Patents v AbbVie Biotechnology Ltd[1] relates to three Patents …
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The European Patent Office (EPO) has commenced a Patent Prosecution Highway (PPH) three year pilot programme with the Malaysian and Philippines patent offices, starting 1 July 2017. Applicants whose claims have been found allowable by the EPO, the Malaysian or Philippines patent offices can now request accelerated processing of their corresponding application at the other …
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In the case of Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83, Mr Pham filed a trade mark application for the trade mark on the right below (IR Trade Mark). This application was opposed by the owner of the trade mark on the left, Insight Clinical Imaging (Clinical Imaging): …
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As of 6 July 2017, the New Zealand Patent Office (IPONZ) has joined the Global Patent Prosecution Highway (GPPH) pilot programme. The GPPH is an arrangement between intellectual property (IP) offices including the US, Japanese, Australian and Korean Patent Offices that allows patent applicants to request expedited examination. To request expedited examination, the follow filing …
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As of 1 July 2017, it’s not just cows that have a right of way on Norfolk Island, the Plant Breeder’s Rights Act 1994 (PBR Act) now applies. As part of the Government’s commitment to providing the residents of the island with the same rights and responsibilities as people in the rest of Australia, PBR …
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