Australia’s life sciences ecosystem is experiencing sustained growth, driven by advances in biotechnology, digital health, precision medicine, agricultural innovation and materials science. While pharmaceuticals continue to dominate in terms of patent filings and regulatory complexity, the broader life sciences sector – encompassing agtech, medtech and next-generation materials such as semiconductors and battery technologies – is …
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The factual situation in Campaigntrack v Real Estate Tool Box is not an uncommon one. Wanting a better software program for its operations, a business enters into an arrangement with a software developer who has experience in that area to develop a new program with reference to a competitor program’s functionality. What was interesting and …
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The Federal Court recently deliberated on a patent infringement and validity dispute between Global Tech Corporation Pty Ltd (Global Tech) and Reflex Instruments Asia Pacific Pty Ltd (Reflex). In arriving at its decision that infringement had occurred, the Court had to consider what technical field the patent belonged to, and then weigh up arguments around …
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While Australia does have a form of patent linkage, it is currently a limited system and in practice is not very useful for patentees. There is no patent listing system (equivalent to the US FDA’s Orange Book) in Australia. The current patent linkage system extends only to the requirements asked of companies when they apply …
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The Full Court has unanimously dismissed the appeal in State of Escape Accessories v Schwartz, rejecting the claims against Stefanie Schwartz and Chuchka Pty Ltd for copyright infringement in respect of State of Escape’s well-known perforated neoprene tote bag (the Escape Bag) on the basis that it was not a “work of artistic craftsmanship” under …
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The Federal Court has allowed an appeal in Enagic v Horizons on grounds including s 62A of the Trade Marks Act that the application subject to the opposition was filed in ‘bad faith’. The determination of this ground heavily turned not only on the evidence that was submitted, but also evidence that was not submitted …
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