On Cloud(s) nine? “CYCLONIC” trade mark application spins out
The Federal Court’s decision in On Clouds v Cyclonic considers the de novo nature of trade mark appeals in Australia and finds CYCLONIC and CYCLON deceptively similar.
Stopped Short of Estoppel: Orikan v VMS (No 2)
A recent Federal Court decision confirms that findings made in patent opposition proceedings may prevent the same issues being raised in later revocation proceedings.
Australia’s Quantum Opportunity May Be Broader than Quantum Computing
Quantum technologies are often understood as being synonymous with quantum computing. In a set of recently announced Executive Orders, the United States has sought to accelerate quantum computing, sensing, networking and post-quantum cybersecurity.
The Beginning of the End for 1953 Act Divisionals in New Zealand
A higher threshold for patentability and the imposition of a five-year time limit for requesting examination were introduced when the New Zealand Patents Act 2013 replaced the Patents Act 1953.
When Are Directors Personally Liable for IP Infringement?
Pursuing allegations of IP rights infringement against a company director, in addition to the company, can significantly impact the conduct and resolution of the dispute. Substantially more pressure may be placed on the alleged infringing parties. If proceedings are commenced, the director may have to be represented separately to the company if the interests of the two parties do not align.
An Introduction to Patents
A patent is a legally enforceable exclusive right granted by a government for an invention. The invention can be a product, device, substance, method or process, and it must be new, inventive and useful.
How Can Australian Businesses Protect Their Trade Marks Overseas?
An Australian trade mark registration only secures your rights within Australia. If you plan to sell your product or services in other countries, you will also need to register you trade mark in those jurisdictions.
An Introduction to Designs in Intellectual Property
If the appearance of your product is unique, it may be worth protecting with a registered design. Design registration protects the overall appearance of a product and can also act as a deterrent to others who might want to copy and commercialise a product with a similar appearance.
Plant Breeders’ Rights in Australia and International Considerations
This fact sheet provides a practical overview of Plant Breeder’s Rights (PBR) in Australia, including what can be registered, why registration matters and how the application process works.
The Benefits of IP and How it Enables Hospital, Pharma, or Medtech Partnerships
In healthcare innovation, partnerships with hospitals, pharma or medtech don’t move forward on science alone.