Showing 48 out of 75 results
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 …
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 …
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