We are delighted to announce that Helen McFadzean has been promoted to Principal of the firm, effective 1 July 2022. Managing Principal, Ross McFarlane said “We are delighted that Helen is joining the Partnership. She is a fantastic IP attorney and person, and has a great ability to understand a client’s needs and work collaboratively to achieve the best …
>> Read more
Business is all about relationships, as they say, and as the decision in Watson v Cosmetic Warriors[1] has shown, relationships can impact how a business can defend its trade mark in a non-use removal action. Watson v Cosmetic Warriors was an appeal from a Registrar’s decision[2] to remove a trade mark registration based on non-use …
>> Read more
Late last year the European Patent Office (EPO) began accepting Qualified Electronic Signatures (QES) attached to electronically filed documents submitted as evidence to support requests for registration of a transfer of rights. The disruptions from COVID-19 showed many of our European clients that they can successfully use qualified signatures as a contactless and secure way …
>> Read more
International Day Against Homophobia, Biphobia, Interphobia & Transphobia (IDAHOBIT) is on 17 May. It celebrates LGBTQIA+ people globally and raises awareness for the work still needed to combat discrimination. This year’s theme is “Our Bodies, Our Lives, Our Rights”. To acknowledge and support IDAHOBIT day, POF celebrated with a rainbow morning tea including colourful food, …
>> Read more
As reported earlier, the Full Court recently determined in Commissioner of Patents v Thaler [2022] FCAFC 62 that a device characterized as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990. Counsel for Dr Stephen Thaler, the applicant for Australian patent application no. 2019363177 which names an …
>> Read more
A recent Full Federal Court decision has discussed the meaning of the term “staple commercial product” within the context of patent infringement by supply of an essential oil to customers. The patent related to methods of using an essential oil from the shrub Kunzea ambigua in the treatment of various conditions including influenza, arthritis and …
>> Read more
April 26 marks another World IP Day – and we’re delighted to be taking part in the celebration and recognition of this important day. This year’s theme is “IP and Youth: Innovating for a Better Future”, shifting our collective focus towards our young inventors and innovators. Youths have always been an incredible and largely untapped …
>> Read more
Whilst ostensibly designed to be a symbol of gender equality, the “Fearless Girl” statue has largely been mired in controversy and legal proceedings since its installation in New York in 2017. The most recent instalment in the ongoing saga has been the handing down of the recent full Federal Court decision in State Street Global …
>> Read more
In the latest chapter of the DABUS saga, the Full Federal Court of Australia has determined that a device characterized as an artificial intelligence machine cannot be considered to be an ‘inventor’ in Commissioner of Patents v Thaler [2022] FCAFC 62. Background Dr Stephen Thaler is the applicant for Australian patent application no. 2019363177 naming …
>> Read more
Historically, licences in relation to intellectual property rights in Australia were shielded from the full force of competition law due to a limited exemption contained in section 51(3) of the Competition and Consumer Act 2010 (Cth). Repeal of this section came into effect on 13 September 2019, with the result that from that date, competition …
>> Read more
