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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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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‘Words are free. It’s how you use them that may cost you.’ KushandWizdom (Tumblr.com) The above quote was not originally intended to relate to the protection of intellectual property, but it is particularly applicable in relation to patent law. The protection afforded by any patent is determined by the wording of the claims and how …
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In the recent Patent Office decision of Reflex Instruments Asia Pacific Pty Ltd v Minnovare Limited [2016] APO 68, the Delegate found that an administrative error leading to missing the deadline for filing evidence in answer in an innovation patent opposition did not constitute exceptional circumstances that warranted an extension of time. Regulation 5.9 (b) …
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It has long been the practice of some companies to data mine records of the Australian and international patent, trade mark and design registers, and offer to list or publish that information for a fee. IP Australia has tried to prevent consumers from being duped with warning letters and has created a page on their website …
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