Crown Use provisions explained
IP Australia released a new information sheet on ‘Crown Use’ provisions for patents, designs and copyright. The information sheet explains what ‘Crown Use’ is, how the provisions may be applied and your rights.
Interview of IP Australia’s Director-General
Managing IP magazine’s Asia editor Peter Ollier will conduct a live online interview with IP Australia Director General Philip Noonan on Friday 6 March at 4pm Sydney time. Registration for this event is free. The one-hour interview will cover topics such as the recommendations in Terry Cutler’s venturousaustralia report, innovative step and inventive step in Australia’s patent …
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In Good Faith?
In Edwards v Liquid Engineering 2003 Pty Ltd [2008] FCA 970, Liquid Engineering 2003 (“LE2003”) successfully brought trade mark infringement proceedings and was also successful in bringing a claim under section 88 of the Trade Marks Act, to have the register rectified to reflect the fact that it was the true owner of two trade marks which …
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NZ hearings decisions now available online
Decisions of the Commissioner (Hearings Decisions) are now available online and can be accessed via the IPONZ website. Search facilities include: The ability to search for key words across multiple decisions Ability to download the decisions in document (RTF) format Improved indexing of decisions by year and descriptions of opposition and parties Links where applicable to …
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Ambush Marketing Legislation Review
The final report of the review into the effectiveness and impacts of legislation that protected the Olympic movement and the Melbourne 2006 Commonwealth Games from ambush marketing has been released.
New Trade Marks certificates
IP Australia has implemented changes to the format of Trade Mark Certificates of Registration to improve their quality and provide a certificate that contains a coloured representation of the mark.
On Arbitrage
Late last year, the Full Court of the Federal Court in Polo/Lauren Company L.P. v Ziliani Holdings Pty Ltd [2008] FCAFC 195 dismissed an appeal against the decision of Rares J. Ziliani, described by the Court as “arbitrageur exploiting price differences in geographically diverse markets” was engaged in the selling of discount but genuine Polo Ralph Lauren …
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New appointments to ACIP
Senator Kim Carr, Minister for Innovation, Industry, Science and Research, has announced a new Chair and four new appointments to the Advisory Council on Intellectual Property (ACIP). ACIP provides an important advisory service to the Government and undertakes independent reviews of key intellectual property issues. The new council chair is Mr Leon Allen and the …
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Australia joins IP treaties
Australia has joined the Singapore Treaty on the Law of Trademarks and the Patent Law Treaty and has signed a new Agreement to continue its role as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA) until 2017.
King for a day
A number of recent Federal Court decisions have highlighted the importance of correctly identifying inventors and owners in the context of patent applications. Anakin Pty Ltd v Chatswood BBQ King Pty Ltd [2008] FCA 1467 illustrates the importance of clearly identifying ownership in the context of Trade Mark rights. The first applicant and registered trade …
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