Marinecraft Survives Stabicraft’s Bid to Sink Its Registered Design
The Intellectual Property Office of New Zealand (IPONZ) has provided valuable guidance on design validity, authorship, and the treatment of technical defects in design registrations in its rejection of an application by to cancel a registered boat design.
Wave goodbye to waivers? General waivers of moral rights likely unenforceable under Australian law
General waivers of moral rights, as distinct from moral rights consents, are unlikely to be enforceable in Australia following a recent Federal Court decision.
Who owns the IP in AI-enabled biotech R&D?
Recent developments in AI-assisted research highlight the importance of documenting human involvement to secure IP rights.
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.