Malaysia officially joins the Madrid Protocol

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On 27 September 2019, Malaysia became the latest country to join the Madrid Protocol which provides for the international registration of trade marks. It became the 106th Member of the Protocol, which now covers 122 countries. Applicants from any of the 106 Members, including Australia, will now be able to file multi-national trade mark applications …
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IP Australia weighs in on Encompass v Infotrack and patentability of software

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As we recently reported, the judgment in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161 (Encompass) endorsed the earlier Research Affiliates and RPL Central decisions, and the law as it relates to patentable subject matter in Australia (manner of manufacture) in the context of computer implemented inventions (software patents).   IP Australia has now advised that the judgment …
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Australian Innovation Patents likely to be abolished

In July 2019, IP Australia announced a Bill[1] which phases out the innovation patent system.  This Bill is currently being considered by Parliament, marking the start of the legislative process that will likely remove this useful form of patent filing from Australian practice. However, there is still a window in which Innovation patents can be filed, …
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POF and the Medical Device Partnering Program

POF is thrilled to be involved with the Medical Device Partnering Program (MDPP) as one of their partners and providers of IP services. The MDPP supports the development of new, high-tech medical devices through facilitating collaboration between researchers, industry, end-users and government, and undertaking rapid research projects that demonstrate proof of concept and de-risk ideas. …
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Encompass Corporation Pty Ltd v InfoTrack Pty Ltd – Our full analysis

On Friday 13 September, the Full Federal Court  released its much anticipated decision regarding manner of manufacture in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161, dismissing an appeal from a Federal Court judgment. The expanded bench (5 judges) upheld the primary Judge’s finding that a computer-implemented invention for displaying information was not patentable subject matter. This …
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“Substantially affecting the identity” of a trade mark

A number of provisions of the Trade Marks Act refer to the concept of “substantially affecting the identity” of a mark. These provisions relate to whether use of an amended mark counts as use of the mark as registered; whether a pending application is “substantially identical” to a prior mark; whether amendment can be made …
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Preserving and protecting Indigenous Knowledge

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IP Australia has just launched its Indigenous Knowledge Consultation Report, which is looking at ways to improve Australia’s IP system in order to promote the cultural integrity and economic potential of Indigenous Knowledge (IK). The Report is the result of consultations with Indigenous Stakeholders on issues such as control, protection, recognition of, and respect for …
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Trade mark registration stacks up for JB Hi-Fi

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JB Hi-Fi has won its battle to retain its Australian trade mark registration for STACK, its popular entertainment news brand, successfully challenging the Trade Mark Registrar’s proposed revocation. The trade mark STACK is used for JB Hi-Fi’s magazine and website, providing news and reviews for games, movies, tv and music[1]. The retailer acquired the unregistered …
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