Don’t Request Examination Of Design Registrations For Display Screens, GUIs And Icons…….Yet!
IP Australia has recently proposed several updates of the Australian Registered Designs system. The proposed updates include allowing certification of design registrations for display screens, graphical user interfaces (GUIs) and icons.
Proposed Updates to the Australian Designs System
In mid-2023, IP Australia sought public comments on proposals to expand the Australian registered designs system to allow for the protection of virtual designs, partial designs and incremental designs.
Changes to Excess Claim Fees
IP Australia is changing some of their fees to ensure the costs of administering intellectual property rights are adequately covered.
Recent Federal Court Decision Clarifies That a Patentee Can Seek Both Damages and an Account of Profits
In the recent decision of Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 5) [2024] FCA 58, a patentee can in the same proceeding claim pecuniary relief on each basis in respect of different infringing conduct.
“ZRO FUX” given… a trade mark registration
Provisions to prevent the registration of scandalous trade marks have long existed and have been used to exclude previous marks deemed highly offensive in society when the trade mark would cause “a significant degree of disgrace, shock or outrage”.
400 Years of the Statute of Monopolies
29 May 2024 is an important date in the history of patent law as it marks the quadricentennial of the Statute of Monopolies (21 Jas. 1. c. 3). The Statute of Monopolies was passed by the Parliament of England and received royal assent on 29 May 1624.
Can I Obtain Design Registration for My Unique Font, Type Face or Logo?
Australian Design Registrations are obtainable in respect of a design applied to a product. Thus, to be registrable as a design, there is a requirement that a design is present and that the design is applied to a product.
The real cost of “faking it”
We are pleased to see the Australian Broadcasting Company tackle the topic of counterfeiting in its Foreign Correspondent “Faking It” program available on ABC TV and iView.
The importance of “cleaning House” before rebranding
The owner of the popular ‘House’ stores, engaged in misleading and deceptive conduct when it took part of Bed Bath ‘N’ Table’s branding for its new homewares store, the Federal Court has found.
Inevitable results – is a literal disclosure sufficient to anticipate?
In the decision Hanwha Solutions Corporation v REC Solar Pte Ltd [2023] FCA 1017, Justice Burley considered the application of the well-known test for lack of novelty from General Tire – will following the directions in the prior art inevitably result in something being made or done which would constitute an infringement of the patent claim?