The Federal Court has recently issued a decision in AGL Energy v Greenpeace Australia Pacific, holding that the use of another person’s logo for parody or satirical purposes does not constitute copyright or trade mark infringement, but only if that use is a ‘fair dealing’. This decision was the result of an urgent action brought …
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In Fuchs Lubricants v Quaker Chemical[1] , the Full Federal Court has clarified which of the ancillary activities that might occur before, around or in conjunction with a public working of an invention for the purpose of reasonable trial, before the lodgement of a patent application can be ignored (and thus will not be damaging), …
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E-commerce giant Alibaba has had a win before the Australian Patent Office in relation to an application for their technology which improves privacy on the blockchain. In a recent decision, the Delegate found that Alibaba’s patent application satisfies the manner of manufacture requirement, and that amendments made to address an objection were valid and supported …
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A recent interlocutory decision[1] of Justice Beach has considered the various ways to accelerate litigation through use of strike out motions, summary dismissal and expedited trial. The decision also provides important guidance on the Court’s approach to the increasingly potent ground of best method as a means of attacking patents and some insights for pharmaceuticals …
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International Day Against Homophobia, Biphobia, Intersexphobia & Transphobia (IDAHOBIT) is on 17 May. It celebrates LGBTQIA+ people globally and raises awareness for the work still needed to combat discrimination. This year’s theme is Together: Resisting, Supporting, Healing! The powerful theme was chosen due to the recent challenges that the world has faced this past year. …
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Under the federal budget handed down on Tuesday night, the government will launch a patent box scheme targeted at the medical and biotechnology sector. The scheme, to be launched from 1 July 2022, should further encourage the commercialisation of medical and biotech innovations in Australia. Under the patent box, income derived from eligible patents will …
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The validity of an Australian design registration requires that the registered owner is properly entitled to the design rights. The Australian Designs Office decision in Manuel Canestrini v Ilan El[1] demonstrates that a failure to satisfy this requirement can result in revocation of a design registration. The decision also highlights that a request for revocation …
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There is a running joke being shared online among IT professionals that the leading force in digital transformation was the COVID-19 pandemic, not the CEO or CTO as one might expect. While humorous, there is an element of truth to this. As the world went into various forms of lockdown, many businesses were forced to …
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We are delighted to announce that POF has emerged the winner across three categories of this year’s Client Choice Awards, the most awards of any Australian IP firm. We were successful in the following categories: Best Specialist IP & Related Services Firm; Best CX (Client Experience) Firm: Specialist IP & Related Services; and Most Innovative …
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The Designs Amendment (Advisory Council On Intellectual Property Response) Bill 2020 was introduced into Parliament on Wednesday, 2 December 2020. In broad terms, the Bill is intended to provide greater flexibility for designers during the early stages of seeking design protection. It also seeks to clarify and simplify aspects of the designs system. Some noted key features …
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