It is well understood that a patentee cannot receive both damages and an account of profits for the same act of infringement of its patent. A choice must be made. However, as happened in the recent decision of Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 5) [2024] FCA 58, a patentee …
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What constitutes a ‘scandalous’ trade mark is not set in stone and adapts with society as the decision in Kristopher Preston [2024] ATMO 103 demonstrates.  The Trade Marks Act allows an application for a trade mark to be rejected if the trade mark is determined to relate to ‘scandalous matter’[1]. It was under this provision …
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The Trade Mark class headings in Schedule 1 of the Trade Marks Regulations have been amended by the Intellectual Property Laws Amendment (Regulator Performance) Regulations 2024 to conform with the 12th edition of the Nice Classification, an international classification system now used by most countries. Most classes have been affected by the amendments, some in …
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  29 May 2024 is an important date in the history of patent law as it marks the quadricentennial of the Statute of Monopolies (21 Jas. 1. c. 3). The Statute of Monopolies was passed by the Parliament of England and received royal assent on 29 May 1624. Although the Venetian Patent Statute of 1474 …
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At Phillips Ormonde Fitzpatrick, we are deeply committed to fostering a culture of diversity, equity, and inclusion. Our commitment to diversity and inclusion encompasses all aspects of identity, including race, gender, sexual orientation, disability, and more. We believe that embracing diversity not only enriches our firm but also strengthens our ability to make a positive …
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Australian Design Registrations are obtainable in respect of a design applied to a product. Thus, to be registrable as a design, there is a requirement that a design is present and that the design is applied to a product. In, for example, Europe, it is possible to obtain design registration in respect of fonts, type …
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