Inspired - The POF blog

Update on the global patent prosecution highway: the pilot program between Australia and Europe

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In December 2015, we reported on IP Australia’s announcement that they had signed a memorandum of understanding (MOU) with the European patent office (EPO) to increase bilateral cooperation between the two offices. One of the areas for proposed collaboration was the introduction of a bilateral patent prosecution highway (PPH) between the Australian patent office (APO) …
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Kangaroos in the ring: the case of Qantas Airways Limited v Edwards

In the recent case of Qantas v Edwards1, Yates J upheld a Trade Marks Office decision to allow registration of Luke Edwards’ kangaroo t-shirt logo (Figure 1), in respect of clothing, footwear and headwear, finding that Qantas was unable to make out either of its grounds of opposition based on deceptive similarity (section 44) or …
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Patent extension of term available for second indications for pharmaceutical substances produced with recombinant DNA

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The Administrative Appeals Tribunal (AAT) has overturned a decision of the Commissioner of Patents and found that Swiss-style claims can form the basis for a patent term extension when the production of the pharmaceutical substance involves the use of recombinant DNA technology. The decision was made by the deputy president of the AAT in AbbVie …
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#fake – the rising trade of counterfeit goods

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In April 2016, the Organisation for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO) released a report1 on global trade in counterfeit and pirated products. The report analysed nearly half a million customs seizures around the world over 2011–2013, and examined the impact of counterfeit goods on the economy and …
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Productivity Commission draft report: ‘In this country, it’s too easy to get a patent.’

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The Productivity Commission has issued a draft report concerning intellectual property (IP) arrangements in Australia. It is a broad overview of the entire IP system in Australia. In August 2015, the then Treasurer, Joe Hockey, requested the Commission undertake an enquiry into Australia’s IP arrangements. For a Commission with no previous expertise in IP law, this was a …
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IP nous for crowdfunders

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We’ve all heard the crowdfunding success stories from Pozible, Kickstarter and a plethora of other platforms. But with reward comes risk. Budding business owners must take steps to protect their IP before pushing the button on a crowd funding campaign.  Failure to do so may result in a loss of IP rights or worse, litigation. …
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Alright for OZEMITE in the battle of the spreads

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Despite taking more than a decade to put his OZEMITE product on supermarket shelves, entrepreneur Dick Smith has successfully defended his rights to his Australian trade mark. In 1999, the well-known Australian adventurer, philanthropist and businessman proposed a product, OZEMITE to rival Vegemite, an iconic yeast spread that was made in Australia, but owned at …
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Full court decision potentially limits definition of ‘comprises’

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The Full Court decision in Actavis Pty Ltd v Orion Corporation [2016] FCAFC 121 potentially limits the effectiveness of a definition of “comprises” in a specification. Claim 17 of the patent defined: A method for preparing an oral solid composition comprising entacapone, levodopa, and carbidopa, or a pharmaceutically acceptable salt or hydrate thereof, wherein the …
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