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Roger that! Australian Federal Court decision a timely reminder of the value of design rights
Litigation over designs is relatively uncommon in Australia.Nevertheless, the designs scheme can be effectively utilised by designers to enforce their …
To register or not...? State of Escape decision reinforces value of design registration over attempts to rely on copyright
For designers and manufacturers launching new products, registered designs are the most appropriate means of protecting the design of, or embodied in, …
Is it game over for computer-implemented inventions in Australia?
The Full Court of the Federal Court of Australia has provided some clarity on assessing whether computer-implemented inventions constitute patentable …
Reckitt Benckiser puts a Finish (for now) to competitor’s launch of dishwashing tablets
Businesses launching a new brand in the Australian market need to consider the competitive landscape of existing brands, and the risk of a competitor …
Not all’s “fair dealing” in war and Greenpeace: Federal Court confirms limits of the “parody or satire” exception to copyright infringement
The Federal Court’s decision in AGL v Greenpeace1 confirms that using a corporate logo in activist or protest materials may be permissible under both …
Predicting the future for “green” claims: The Full Federal Court provides guidance on representations as to future matters (Australia)
Marketing products as ‘environmentally friendly’ is an increasingly popular way for businesses to capture consumer attention. As the popularity of such …
Takeaways from the In-N-Out and Down-N-Out burger brands battle (Australia)
A series of recent Federal Court cases in Australia provides a warning to “cheeky” traders whose marketing draws too closely on the brand and reputation …
Full Federal Court warns infringers: Australian IP owners entitled to broad injunctions
It can be difficult for patent owners to decide whether to pursue litigation against infringers without a clear idea of whether the remedies likely to be …
ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
The ACCC has issued final Guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the …
Is your Australian trade mark culturally appropriate?
In the globalised world in which we live, culture is certainly trending, but brands need to keep cultural sensitivities in mind to avoid marketing …
Modifying patented goods post-sale: repairing or remaking?
A recent decision by the Full Federal Court has shed further light on the rights of businesses when selling or acquiring patented goods. The Court has …
Regulating the barrel to stop the bad apples
Franchisors and investors in them are the subject of criticism in the latest Australian Parliamentary Joint Committee on Corporations and Financial …
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