Trade mark rights are granted on a national basis, making it necessary to register in each country or region in which protection is required. In light of separate registrations being necessary in each country of interest, filing and maintenance costs can escalate quickly if there are a number of jurisdictions where protection is sought. In …
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From the hand of nature to the hand of man Humans have been tinkering with the genetic make-up of plants and animals for almost 10,000 years through selective breeding. Throughout this period, humans have selected plants and animals that have spontaneously mutated to possess desirable features. This has turned the Wolf into Great Danes and …
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One of the joys of being a lawyer is that your friends ask your advice on every legal issue from parking tickets to extradition, regardless of your area of practice. Recently a friend asked me whether he should sign an agreement with his personal trainer, which excluded liability for everything I could think of and …
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On 7 October 2015, the High Court of Australia unanimously allowed Ms D’Arcy’s appeal from the Full Federal Court decision in D’Arcy v Myriad Genetics Inc (2014) 224 FCR 479 (‘D’Arcy’), holding that Myriad’s claims to isolated nucleic acids were not patentable subject matter. The decision relates to Australian Patent 686004, which includes claims to …
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We are delighted to announce that Phillips Ormonde Fitzpatrick has won ‘IP Law Firm of the Year Australia’ in the 2016 Annual International awards. The Awards recognise successful work and achievements carried out by firms and advisers from across the globe. The winners of the Annual International awards are subject to rigorous assessment criteria, carried …
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The Federal Court has dismissed the latest attempt by the makers of the film Dallas Buyers Club to pursue copyright infringement claims against internet subscribers. Initially, in Dallas Buyers Club LLC v iiNET Limited [2015] FCA 317, the Court made a preliminary discovery order requiring various Australian Internet Service Providers (ISPs) to turn over details …
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We have all heard the theory that it is possible to connect any two people in the world in only six steps. A variant of this resulted from watching an old BBC serial about Elizabeth I in the week the High Court handed down its decision in the Myriad case. 1. Queen Elizabeth I’s “favourite” …
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On 11 December 2015, the Full Court of the Federal Court of Australia in Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177 has confirmed that a scheme or idea implemented on a generic computer, using standard software and hardware, is unpatentable. In essentially following and expanding upon the reasoning in its earlier …
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On Thursday 3 December, POF celebrated the festive season in style with a client cocktail function at The Lady Nelson Room, Vue De Monde. Located at the top of the Rialto Towers on Collins Street, Vue De Monde is one of Melbourne’s most prestigious and iconic venues, with spectacular views over Melbourne’s CBD and Port …
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IP Australia has released its revised examination practice following the High Court ‘gene patents’ decision in D’Arcy v Myriad. The practice applies immediately to pending applications. In considering the principles and approach taken by the High Court, the examination practice sets out that it is useful to ask: What is the substance of the claim …
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