Showing 48 out of 73 results
Consumer Law penalties ramping up to deter breaches
Legislation has passed which significantly increases maximum penalties under the Australian Consumer Law. The ACCC Chair said of the increase “penalties …
Compulsory Licences, Crown Use and Inventive Step – Future Changes to the Patents Act
IP Australia has recently released its Exposure Draft detailing proposed changes to the Patents Act 1990 (Cth). The proposed changes affect the …
How natural is ‘natural’?
Brand owners like to distinguish their products by marketing them as ‘natural’. What is required to substantiate such a claim? Recent decisions …
Can humour diffuse risk in comparative advertising?
Comparative advertising is generally considered effective but high risk. It is high risk because the party being compared unfavourably may take umbrage …
Enforcement of IP judgments in foreign countries: Government seeks input for international convention
Key points: A convention is being negotiated on the enforcement of foreign judgments. Key issue is whether intellectual property judgments should be …
Use it or lose it: are trade marks owned by the right entity?
It is common to have an IP holding company own the intellectual property of a business. Yet for trade marks to be valid and enforceable, the IP holding …
Licence to refill: when will patent rights in a product be exhausted?
The recent decision in Seiko v Calidad is very important for businesses that sell or acquire patented products. It clarifies that under the Australian …
Innovation: 5 key IP considerations in a rapidly changing landscape
Sophisticated innovative technologies have now become a key aspect of resources companies' success. Whether they cooperate with others or develop their …
Pre-trial discovery of manufacturing process information for Etanercept biosimilar allowed
In this week’s important decision of Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193, the Full Court of the Federal Court of …
Copying computer programs
It is a common story that an ex-employee or ex-business partner starts a new business, using a computer program which is alleged to be copied from the …
Trade mark registration refused for Primary Health Care
ASX listed company Primary Health Care Limited may not register PRIMARY HEALTH CARE as a trade mark, says the Full Federal Court of Australia.This …
“Like brands. Only cheaper” – Aldi gets up on copying but falls on natural claim
On Tuesday this week the Federal Court of Australia (Court) published its judgment in the long running battle between Moroccanoil Israel Ltd and Aldi …
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