Research by its nature can be inexact, and a serendipitous discovery made during a research programme may be of greater value than the result initially intended. In the pharmaceutical industry there are many instances where a chance observation or ‘side effect’ observed during clinical trials has led to a commercially important product. The ability of …
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Recent reports of alleged owners of U.S copyright in artwork reproduced on tattoos of sports stars have sued makers of video games depicting the stars for violation of copyright should come as no surprise, given the recent surge in the popularity of tattooing. Australia’s Arts Law Centre has produced a detailed guide to copyright issues relating to …
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On 7 October 2015, IP Australia announced that they had signed a memorandum of understanding (MoU) with the European patent office (EPO) to increase bilateral cooperation between the two offices with the aim of delivering benefits to users of the patent systems in both Australia and the European community. The areas of potential collaboration between …
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The Trans Pacific Partnership (TPP) Agreement was finally concluded on 5 October, 2015 with the full text of the Agreement made public on 5 November. The Agreement is yet to be ratified by signatory countries, although at this stage there is nothing to suggest that ratification will not take place. Signatories to the TPP include …
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The Federal Government’s innovation statement, released on 7 December 2015, has announced Government-funded grants that will back business investments and projects. The funding programs will assist in areas of Research and Development, Business Improvement and Growth, Accelerated Commercialisation Activities and Marketing and Commercialisation. One particular funding program that may be of interest to POF’s Victorian-based …
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The Apple App store has over a million apps. Tens of thousands of these apps relate to health, and many are downloadable for a small fee. A question we are often asked is, “how do you protect your app against competitors?”. Should you bother? In deciding whether or not it’s worth pursuing IP protection, thought …
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In the recent case AstraZeneca AB v Apotex Pty Ltd & Ors [2015] HCA 30, the High Court unanimously found that AstraZeneca’s patent for its cholesterol lowering drug rosuvastatin lacked inventive step and was therefore invalid. AstraZeneca’s patent was directed at low dosage levels of rosuvastatin, a commercially successful product marketed under the brand Crestor®. …
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Trade mark rights are granted on a national basis, making it necessary to register in each country or region in which protection is required. In light of separate registrations being necessary in each country of interest, filing and maintenance costs can escalate quickly if there are a number of jurisdictions where protection is sought. In …
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From the hand of nature to the hand of man Humans have been tinkering with the genetic make-up of plants and animals for almost 10,000 years through selective breeding. Throughout this period, humans have selected plants and animals that have spontaneously mutated to possess desirable features. This has turned the Wolf into Great Danes and …
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One of the joys of being a lawyer is that your friends ask your advice on every legal issue from parking tickets to extradition, regardless of your area of practice. Recently a friend asked me whether he should sign an agreement with his personal trainer, which excluded liability for everything I could think of and …
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