Australian Design Certification Round-Up – 4 September 2014
A round-up of Australian Designs which have been certified from the Designs Office Journal dated 4 September 2014. If you wish to file, certify or register your designs, please contact us.
New Zealand Patents Act 2013: Traps for young (and old!) players
Closer inspection of the changes to the New Zealand patent law, commencing on 13 September 2014, has revealed the following nuances (or perhaps more accurately nuisances) arising from the changes.
Australian Trade Mark Non-Use Proceedings Round-Up 4 September 2014
An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 4 September 2014. If you wish to start any non-use proceeding against trade marks of others, or if your own trademarks have had non-use proceedings brought against them by third parties, please contact us.
Intellectual Property Litigation Round-Up –5 September 2014
An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 5 September 2014. We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation. …
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Full Federal Court Confirms Isolated DNA and RNA are Patentable
In D’Arcy v Myriad Genetics Inc [2014] FCAFC 115, five judges in the Full Federal Court of Australia have unanimously upheld a Federal Court decision that isolated nucleic acid such as isolated DNA and RNA is patentable subject matter in Australia. From our initial review, the Full Federal Court decision sets out not only the …
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The Telstra Directories Case: Firmer Ground for Threats of Copyright Infringement?
Section 202 of the Copyright Act states that where a person threatens another person with an action or proceedings in respect of infringement of copyright, a person aggrieved may bring an action against the person making the threats and “may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against …
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Isolated DNA and RNA remain patentable subject matter in Australia
On 4 March 2013, a Notice of Appeal was filed by cancer survivor Yvonne D’Arcy against the decision of Cancer Voices Australia v Myriad Genetics Inc [2013] FCA 65 (“Cancer Voices”), which held that isolated nucleic acid such as isolated DNA and RNA is patentable subject matter in Australia. The Notice of appeal set out a number of …
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Australian Trademark Opposition Round-Up 4 September 2014.
An Australian Trademark Opposition Round-Up from the Trade Mark Office Journal dated 4 September 2014. If you wish to oppose the registration of trade marks of others, or if your own applications have been opposed by third parties, please contact us.
Trade Marks: Creative Thinking on Aspects of Packaging Bears Fruit
Trade marks, in the traditional sense, act as a badge of origin which indicates to the consumer where the product is from as well as the quality of the product. Historically, manufacturers of consumer goods have used trademarks in the form of words and logos/devices. More more recently trademarks for consumer goods have extended to …
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Australian Trade Mark Non-Use Proceedings Round-Up 28 August 2014
An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 28 August 2014. If you wish to start any non-use proceeding against trade marks of others, or if your own trademarks have had non-use proceedings brought against them by third parties, please contact us.