An uptick in trade mark applications for virtual goods and services as consumers look to the metaverse to buy luxury products and enjoy virtual experiences illustrates how societal trends can influence trade mark filings. This is no surprise given Metaverse Fashion Week is now an annual event featuring big brands such as Coach, Adidas and …
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IP Australia has recently updated its list of countries where it is considered a competent International Search Authority (ISA) and International Preliminary Examination Authority (IPEA) under the Patent Cooperation Treaty (PCT) which now includes Brunei Darussalam, Jordan , Iraq , Mauritius and Oman. For PCT applicants filing with agreed receiving offices (Ros), it is now …
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It’s been a little over a year since the High Court of Australia’s surprising 3:3 split judgment in Aristocrat v Commissioner of Patents [2022] HCA 29 (Aristocrat ’22) relating to manner of manufacture and in particular the patentability of computer implemented inventions. The result of the split High Court judgment is that the Full Court …
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Dr Stephen Clarke, the Chief Chemist for our client Change Climate, has recently been elected as the Chair of the Australian International Chapter of the American Chemical Society (ACS). The ACS is the largest scientific representative society in the world, with the Australian chapter being one of 26 international chapters. We’re delighted to celebrate Stephen’s …
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The importance of conducting clearance searches prior to launching a new brand or product line has again been highlighted by the decision in The Agency v H.A.S Real Estate. Ultimately the court found that HAS had not infringed The Agency’s trade marks due to a lack of sufficient similarity between the signs as registered and …
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The burden on parties seeking an extension of time to file evidence in trade mark oppositions has been lowered effective 31 July 2023 following an Official Notice issued by IP Australia. The Trade Marks Regulations provide a basis for extensions of time where a party can show that despite making all reasonable efforts to comply …
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The Republic of Peru has appealed a decision from the Australian Trade Marks Office to refuse to grant the country trade mark rights to the word pisco. The Peruvians sought to register the sign PISCO in Australia by filing an application in 2019. The trade mark examiner refused to accept the mark for registration, so …
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American popstar Katy Perry recently lost a trade mark infringement dispute[1] filed in 2019 by Sydney-based fashion designer Katie Taylor. The battle of the Katies started more than 15 years ago: Australian Katie Taylor, born Katie Jane Perry (The Designer) started designing and selling clothes under the brand KATIE PERRY in 2007 and filed a trade …
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The Australian Federal Court yesterday confirmed that the accepted patent application owned by ToolGen Inc. and directed to CRISPR/Cas9 systems and methods of genome editing in eukaryotic cells contains no patentable claims.1 The Court found that all claims of ToolGen’s application2 lacked entitlement to the earliest priority date,3 lacked novelty or inventive step, and were …
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Following the 2012 Raising the Bar reforms, Australia’s Patents Act requires that patent claims are supported by matter disclosed in the specification. This means that the description must enable a skilled person to perform the invention across the full breadth of the claim without undue burden, and the claim scope must be commensurate with the …
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