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 …
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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 …
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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 …
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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 …
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Meghan Markle and Prince Harry’s company, Archewell Audio LLC, has filed a trade mark application for the word ‘ARCHETYPES’ in relation to the podcast that they have been paid to produce by Spotify. The Media, in what seems to be a typical fashion in relation to the ex-Royals, have succeeded in drumming up outrage in …
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The Full Federal Court[1] has confirmed that the relevant regulatory approval date for requesting a pharmaceutical patent term extension (PTE) is the earliest inclusion in the Australian Register of Therapeutic Goods (ARTG) of any goods which include a pharmaceutical substance which is claimed and disclosed in the patent, regardless of whether those goods belong to …
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The 2022-23 Federal Budget, delivered by Treasurer Josh Frydenberg last night, has provided further incentives to Australian innovators. Pleasingly, the Government has expanded the Patent Box Scheme to agricultural and low emissions technology sectors. The expansion is notable in that, despite significant industry advocacy to extend the Patent Box Scheme to these industries, the bill …
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You may have heard or seen recent media coverage regarding a decision by the Russian government that Russian companies are no longer obliged to compensate owners of patent and design rights where the owners are from ‘unfriendly countries’. Similarly, with the withdrawal of McDonalds from Russia, a fast food chain called ‘Uncle Vanya’ is poised …
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The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (Act) has now come into force. In broad terms, the Act is intended to provide greater flexibility for designers during the early stages of seeking design protection. It also seeks to clarify and simplify aspects of the designs system. Some noted key features of the Act …
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It is with great sadness that we advise that our former Managing Partner, Graham Cowin, passed away suddenly last weekend. Graham’s career commenced as an Examiner of Patents with the Australian Patents Office. He became a registered Patent Attorney in 1978 after joining Phillips Ormonde Fitzpatrick in 1975. Ten years later he became a partner with the firm, …
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