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IP law podcast series - Unravelling the issues
Our experts explore the hottest topics and controversies in intellectual property lawIn this podcast series, Australian partners Rebekah Gay and Emma …
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 …
Henkel washes away Reckitt Benckiser trade marks and interim injunction in dishwasher product stoush
The Federal Court has recently published its decision following the first instance trial on the merits in the ongoing stoush between Reckitt Benckiser …
High Court gamble does not pay out for computer-implemented inventions in Australia
The High Court of Australia has delivered an equal-split judgment on the question of patentability of computer-implemented inventions. As a result, an …
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, …
It’s just human nature: AI cannot be a patent inventor in Australia
The Full Federal Court has ruled that only a natural person can be an inventor under the Patents Act 1990.In July 2021, a single judge of the Federal …
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 …
Class actions, D&O insurance scrutiny, ESG litigation, cyber- attacks and crypto regulation the top dispute resolution areas to watch in 2022
Experts from Herbert Smith Freehills’ market-leading Dispute Resolution practice have shared their predictions for 2022, outlining some of the key issues …
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 …
'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 …
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