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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Congratulations to our very own Helen Kavadias, Senior Associate in our Sydney office, for being listed as an outstanding IP strategist in IAM Strategy 300 – The World’s Leading IP Strategists. The survey identifies individuals around the globe who are leading the way in the development and implementation of strategies that maximise the value of …
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In the case of IPC Global Pty Ltd v Pavetest Pty Ltd (No 3) [2017] FCA 82, the Federal Court was given the difficult task of determining what was a ‘substantial part’ of the source code of a piece of software for the purposes of constituting copyright infringement. The case concerned allegations of copyright infringement …
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In Dincel Construction System Pty Limited v AFS Systems Pty Ltd [2017] FCA 262, the Federal Court granted interlocutory relief to a company with a single product (a so-called ‘one trick pony’) against one of the CSR group of companies. The injunction prevented AFS from marketing or selling its potentially infringing product, pending the outcome …
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In Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd (No 3) [2017] FCA 60, the Applicant, Clipsal, successfully brought action against Clipso Electrical Pty Ltd for the cancellation of its CLIPSO trade mark registration. Whilst it also succeeded in one of its two trade mark infringement claims and related causes of action, it failed …
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The case of Peter Vogel Instruments Pty Ltd v Fairlight.Au Pty Ltd [2016] FCAFC 172 (9 December 2016) highlighted the importance of a written agreement in determining the parties’ rights when a business relationship breaks down. This case involved an agreement for Fairlight to develop software for Peter Vogel (PV) in return for four progress …
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The Law Australia has very strong consumer protection laws, contained in the Australian Consumer Law (ACL). One consumer ‘guarantee’ requires that goods be of ‘acceptable quality’ (for example, fit for purpose, free from defects etc.). This guarantee applies to goods of a kind ‘ordinarily acquired for personal, domestic or household use or consumption’ (consumer goods) …
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