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'Why can't our creations create?' - AI can be patent inventors in Australia
This decision has since been appealed and overturned by the Full Federal Court. Our article on the appellate decision is available here. Federal Court …
FEDERAL COURT OVERTURNS ‘ABSURD’ PATENT OFFICE RULING ON PATENT TERM EXTENSIONS FOR PHARMACEUTICAL SUBSTANCES
The Federal Court has rejected the Australian Patent Office’s historical approach to patent term extension (PTE) applications, upholding a challenge …
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 …
Pharmaceutical patent term extensions: federal court hears challenge to “absurd” Australian patent office ruling
Two major pharmaceutical companies have challenged Australia’s Commissioner of Patents in the Federal Court about the time limits within which an …
A ‘new normal’ when it comes to the TGA regulation of medical devices?
Key points: In Australia responding to the urgent need for Covid-related medical devices the TGA implemented a number of emergency measures to bring …
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 …
Where is the balance now? Preliminary injunctions in pharmaceutical patent proceedings in 2020 and beyond
Recent decisions of the Federal Court of Australia have significantly changed the way in which parties to pharmaceutical patent litigation should analyse …
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 …
Has the Full Court 'Rokt' the boat
Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86 is the most recent in a string of decisions by the Full Court of the Federal Court in which the …
Commonwealth fails in its claim for compensation for PBS expenditure
The Federal Court’s decision in Commonwealth v Sanofi Justice Nicholas’ long-awaited decision in Commonwealth v Sanofi is an Australian first.1 Of the 4 …
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 …
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