Showing 12 out of 19 results
Near enough is good enough: Full Federal Court of Australia revisits construction of “about” in patent claim
In the area of patent law, clarity is king. Where precision of language is essential for defining the limits and scope of legal rights, the acceptance …
First things first: Full Federal Court clarifies the law on patent term extensions
Last week, a Full Court of the Federal Court of Australia handed down two unanimous decisions on appeal, clearing up some key uncertainties in the …
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 …
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 …
Calls for increased domestic pharmaceutical production not warranted, say Herbert Smith Freehills experts
Increased commentary about Australia’s perceived vulnerability to pharmaceutical shortages have led to recent calls for an overhaul of the country’s …
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 …
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The …
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 …
Australian Patent Update: three key changes underway
Last August we considered IP Australia’s Exposure Draft outlining the potential impact of proposed changes to the Patents Act 1990 (Cth). Following the …
What’s the damage? – The Federal Court’s decision in Sigma v Wyeth
Justice Jagot’s recent decision (of more than 400 pages) in Sigma v Wyeth1 is an Australian first. The judgment considers the damages payable pursuant to …
ACCC to up the ante in consumer protection matters
The ACCC recently released its Annual Report for the 2017/2018 financial year.1 As well as looking back at the ACCC’s performance over the year, for …
Showing 12 out of 19 results
View more