‘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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The fashion industry is rife with stories of knock-offs, copycats and replicas. In the lead up to the Spring Racing Carnival in Victoria, milliners have publicly slammed fast fashion stores for ripping off their bespoke designs. Under Australia’s current copyright and design laws, there are some avenues available to designers to protect their designs. However, …
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Cryptographic trainspotters will be well aware of bitcoin and the underlying blockchain technology which was developed a number of years ago by a mysterious man named Satoshi Nakamoto (although many believe it is the work of Australian Craig Wright). In the last six months, EITC Holdings, a company believed to be associated with Craig Wright, has filed over 50 …
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In December 2015, we reported on IP Australia’s announcement that they had signed a memorandum of understanding (MOU) with the European patent office (EPO) to increase bilateral cooperation between the two offices. One of the areas for proposed collaboration was the introduction of a bilateral patent prosecution highway (PPH) between the Australian patent office (APO) …
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In the recent case of Qantas v Edwards1, Yates J upheld a Trade Marks Office decision to allow registration of Luke Edwards’ kangaroo t-shirt logo (Figure 1), in respect of clothing, footwear and headwear, finding that Qantas was unable to make out either of its grounds of opposition based on deceptive similarity (section 44) or …
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The Administrative Appeals Tribunal (AAT) has overturned a decision of the Commissioner of Patents and found that Swiss-style claims can form the basis for a patent term extension when the production of the pharmaceutical substance involves the use of recombinant DNA technology. The decision was made by the deputy president of the AAT in AbbVie …
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In April 2016, the Organisation for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO) released a report1 on global trade in counterfeit and pirated products. The report analysed nearly half a million customs seizures around the world over 2011–2013, and examined the impact of counterfeit goods on the economy and …
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The Productivity Commission has issued a draft report concerning intellectual property (IP) arrangements in Australia. It is a broad overview of the entire IP system in Australia. In August 2015, the then Treasurer, Joe Hockey, requested the Commission undertake an enquiry into Australia’s IP arrangements. For a Commission with no previous expertise in IP law, this was a …
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