The Registrar of Designs in Apple Inc [2017] ADO 6 ruled that a design for a display screen is not a new and distinctive design because the display screen at rest, that is in the powered-off state, is simply a blank representation which therefore cannot be new or distinctive. The decision has formalised what was …
>> Read more
The Australian Government recently released its response to the Productivity Commission’s (PC) inquiry into Australia’s intellectual property (IP) system. These recommendations include the significant change of abolishing Australia’s innovation patent system, further raising of the bar on the inventive step threshold for patents, and the replacement of existing exceptions to copyright infringement. Abolishment of the …
>> Read more
Coffee, photovoltaics and smartphones don’t seem to have much in common. But this year’s just released World Intellectual Property Report examines the global value chains for each of these products and the role of intangible capital in these supply chains. As WIPO chief, Frances Gurry notes: Intangible capital – notably in the form of technology, …
>> Read more
Indonesia has become a member of the Madrid Protocol allowing Australian businesses a second route to trade mark registration in that country. Australian businesses who already own an international trade mark registration should be able to subsequently designate Indonesia from 2 January 2018. Indonesia’s decision to join makes it the 100th member of the Protocol …
>> Read more
Our clients may be interested to note that it will soon be possible to validate European patents in Tunisia. This new development applies in respect of European patent application or international patent applications (PCTs) designating Europe filed on, or after 1, December 2017, for which it will be possible to validate such European patents on …
>> Read more
As the United Kingdom (UK) is withdrawing from the European Union, there is some uncertainty regarding what effect this will have on European Union IP rights such a trade marks, which currently extend to the UK as a member of the European Union. In a position paper issued on 6 September 2017, the European Commission …
>> Read more
The case of Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83 shows the importance of a thorough search of the names and marks of potential competitors before adopting a new trade mark. The facts Pham Global was sued by Insight Clinical for using the words “Insight Radiology” and a similar …
>> Read more
On 23 October 2017, IP Australia released draft legislation for public comment which includes measures to implement aspects of the Australian Government response to the Productivity Commission’s inquiry into Australia’s IP system (reported here). Both the Productivity Commission and the former Advisory Council on Intellectual Property had recommended that the innovation patent system be abolished, …
>> Read more
This week, POF hosted the latest roundtable discussion organised by the Australian Innovation Research Group (AIRG). AIRG supports its members by creating opportunities for collaboration and facilitating peer-to-peer mentoring, allowing members to learn from companies similar and different to their own. The series of roundtable discussions are think tanks that provide an opportunity to discuss …
>> Read more
The 2017 AIPPI World Congress has wrapped up in Sydney for another year. The Association for the Protection of Intellectual Property (AIPPI) is the world’s leading international organisation dedicated to the development and improvement of legal regimes for the protection of intellectual property. Based in Switzerland, the organisation has over 9,000 members representing more than …
>> Read more
