Congratulations to our newest patent and trade marks attorney, Louis Tsai!

We are delighted to announce our newest patent and trade marks attorney, Dr Louis Tsai, who registered on 5 August 2016. Louis joined Phillips Ormonde Fitzpatrick in 2013, having completed his double undergraduate degrees in Science and Engineering at the University of New South Wales, majoring in Medical Immunology, Microbiology and Bioinformatics. Louis then obtained …
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POF hosts anti-counterfeiting workshops in partnership with leading European anti-counterfeiting organisation, React

From 25 – 27 July, POF rolled out a series of anti-counterfeiting seminars and workshops across Australasia in conjunction with leading European anti-counterfeiting organisation, React. As React’s exclusive partner in Australia since 2010 and in New Zealand since last year, POF delivered events in Auckland and Sydney for brand owners and authorities in the anti-counterfeiting …
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Frucor fails in Green bid

Can a single colour be a brand? Generally, the Trade Marks Office and the Courts are reluctant to recognise claims made by a business that a specific colour is theirs alone. There are of course some famous exceptions. Kodak owns the colour gold as a trade mark for photographic film and Cadbury owns the colour …
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Feathers fly in trade mark case: licensing lessons from Lodestar

In the recent case of Lodestar Anstalt v Campari America1, the full bench of the Federal Court of Australia ordered the removal of two trade marks from the register for non-use because the registered owner did not exercise actual practical control over the use of the trade marks by its licensee. Under the Australian Trade …
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POF’s Melbourne clients celebrate the EOFY at ACMI

On Thursday 21 July, POF hosted an end of the financial year celebration at the Australian Centre for the Moving Image (ACMI), featuring the popular Scorsese exhibition. Located in the heart of Melbourne, ACMI is a state-of-the-art facility, purpose-built for the preservation, exhibition and promotion of film, television and digital culture. Clients enjoyed the exhibition …
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Inutility in the spotlight in Australia

Australian law requires that, in addition to being novel and inventive, a patentable invention must be ‘useful’. Utility is not only an issue considered during examination, but is also a ground for opposition of an Australian application, as well as for re-examination and revocation of a patent. The recent case of Ronneby Road v ESCO1 …
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Are you a Start-Up? Start by protecting your IP

Do you have: a logo for your business? a colour or graphic used for your packaging, website or brochures? unique technology that you have developed to sell or use in your business? a unique method or plan for how you do business? a recipe you use to make material you work with? If the answer …
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Do you tick all the boxes when it comes to protecting your IP?

If you own or manage a business you may be surprised by how much valuable intellectual property (IP) you have. Protecting your IP is critical when establishing your product or service in the market. It provides a competitive advantage for your business and can be the key difference between success and failure. Failure to secure …
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Death of the Trans-Tasman patent application

Implementation of the single trans-Tasman patent application (Australia and New Zealand) appears to have been terminated through the surprise recommendations of the New Zealand government’s Commerce Committee issued on 13 July 2016. New Zealand government’s Commerce Committee published an updated Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill  on 13 July 2016 which recommended …
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