The expression ’use it or lose it‘ is often applied to retaining learned skills, but can also apply to retaining rights, particularly rights obtained by trade mark registration. In Australia, owners must use their mark within five years of applying for the mark. Once that five year period expires, any person can apply to remove …
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The British Government recently announced its intention to ratify the Unitary Patent System. As a result, the new European Unitary Patent System may be up and running in late 2017 or early 2018. As part of the new system, the British Government will host the Unified Patent Court which will hear disputes relating to European …
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The Australian Productivity Commission recently released its final report on their inquiry into Australian intellectual property (IP) arrangements. The Commission’s inquiry adopted a holistic approach considering all of Australia’s IP rights, with the specific intention of identifying ways the IP system could be improved. The final report was publicly released on 20 December 2016 and …
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In 3 Florinians Pty Ltd v PYT Enterprise Pty Ltd [2016] FCA 1077, the owner of popular Greek restaurant, Little Greek Taverna, obtained an interlocutory injunction to stop two other restaurants from using the word ‘little’ along with the words ‘Greek Cuzina’, pending trial or earlier orders. A little confused? Shouldn’t a trader be able …
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Christmas is a time for giving, spending time with loved ones and relaxation. It is also a time for searing pain as one steps on newly acquired blocks of Lego in the middle of the night, arguing with said loved ones, and for Australians, wondering why we are eating a hot turkey on a 40 …
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Just like the case of Coles v Dormer discussed here, the siren call of a dream home has caused its new owners and their builder to infringe copyright as found in Henley Arch Pty Ltd v Lucky Homes Pty Ltd [2016] FCA 1217. Mr and Mrs Mistry engaged Henley Arch to draw up a number …
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Innovyz is launching their Waste and Recycling Commercialisation Program with applications open as of October and the program starting in February. The Innovyz programs are nine month intensive programs to commercialise products, technology and ideas. They are designed for Individuals, Universities, Research Centres, Existing Companies and Corporate Spinouts to turn their great ideas into great companies. …
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The Full Court decision on sufficiency in Tramanco v BPW Transpec (reported here) has now been applied to claims for methods of medical treatment in Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238. The claims were directed to a method for treating pain comprising administering a therapeutically effective amount of a …
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The decision of Logan J in Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 1241, places potentially significant limitations on the extent of Trade Mark attorney privilege. Client legal privilege applies to communications made in connection with giving or obtaining legal advice or the provision of legal services, including representation in proceedings in a …
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A strong partnership between two of POF’s Adelaide clients, UniSA and SMR Automotive, has been further validated with one of their joint technical development teams being recently awarded the inaugural Prime Minister’s New Innovator Prize. We congratulate Dr Colin Hall of UniSA, who was the lead inventor for a ground-breaking external vehicle mirror. Since its …
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