We’ve all heard the crowdfunding success stories from Pozible, Kickstarter and a plethora of other platforms. But with reward comes risk. Budding business owners must take steps to protect their IP before pushing the button on a crowd funding campaign. Failure to do so may result in a loss of IP rights or worse, litigation. …
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Despite taking more than a decade to put his OZEMITE product on supermarket shelves, entrepreneur Dick Smith has successfully defended his rights to his Australian trade mark. In 1999, the well-known Australian adventurer, philanthropist and businessman proposed a product, OZEMITE to rival Vegemite, an iconic yeast spread that was made in Australia, but owned at …
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The New Zealand Patents Act 2013 came into force just over two years ago. The most significant changes were to examine applications for inventive step, expanding the prior art base worldwide, limiting the time period to respond to examination reports and some subject matter exclusions. Although not heralded, new Section 34 of the Act …
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The Full Court decision in Actavis Pty Ltd v Orion Corporation [2016] FCAFC 121 potentially limits the effectiveness of a definition of “comprises” in a specification. Claim 17 of the patent defined: A method for preparing an oral solid composition comprising entacapone, levodopa, and carbidopa, or a pharmaceutically acceptable salt or hydrate thereof, wherein the …
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In the recent decision of Verrocchi v Direct Chemist Outlet Pty Ltd [2016] FCAFC 104, the Full Federal Court confirmed that Chemist Warehouse could not stop Direct Chemist Outlet from using the colour combination of yellow, red and blue, despite their concerns that use of these colours could cause confusion among their customers. The appellants, …
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Following the signing of the Intellectual Property Legislation Amendment (Fee review) Regulation 2016 by the Governor-General on 17 August 2016, official fees for patents, trade marks, designs and plant breeder’s rights are changing. Most of these changes will take affect from 10 October 2016, although changes to fees paid through the International Bureau in relation …
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Can a single colour be a brand? Generally, the Trade Marks Office and the Courts are reluctant to recognise claims made by a business that a specific colour is theirs alone. There are of course some famous exceptions. Kodak owns the colour gold as a trade mark for photographic film and Cadbury owns the colour …
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In the recent case of Lodestar Anstalt v Campari America1, the full bench of the Federal Court of Australia ordered the removal of two trade marks from the register for non-use because the registered owner did not exercise actual practical control over the use of the trade marks by its licensee. Under the Australian Trade …
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Australian law requires that, in addition to being novel and inventive, a patentable invention must be ‘useful’. Utility is not only an issue considered during examination, but is also a ground for opposition of an Australian application, as well as for re-examination and revocation of a patent. The recent case of Ronneby Road v ESCO1 …
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Do you have: a logo for your business? a colour or graphic used for your packaging, website or brochures? unique technology that you have developed to sell or use in your business? a unique method or plan for how you do business? a recipe you use to make material you work with? If the answer …
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