Appeal lodged in gene patents decision

Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?

Adidas has commenced trade mark infringement proceedings in Australia against fashion retailer White Fox over its use of four parallel stripes on clothing. It is the latest dispute to test how far adidas can prevent third parties from using stripe designs which come close to its well-known three-stripe branding.

The Australian Recording Industry Association has amended its chart eligibility guidelines to exclude songs predominantly created by generative AI, sparking debate about the intersection of artificial intelligence and copyright law. This decision mirrors broader legal challenges facing courts and regulators worldwide as they grapple with determining when AI-generated or AI-assisted works deserve copyright protection and recognition.

A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.

The Full Federal Court has clarified the test for copyright infringement in artistic works on product packaging, rejecting a generalised 'look and feel' approach in favour of detailed side-by-side comparisons. In a dispute between Aldi and Hampden Holdings over baby snack packaging, the Court found that five of Aldi's eleven MAMIA designs infringed copyright, despite Aldi's deliberate strategy to stay 'not too close' to its competitor's benchmark designs.

Businesses building AI products on third-party models face a critical intellectual property challenge: determining what parts of their AI systems can actually be protected when competitors have access to the same underlying models. This analysis explores where protectable value sits in AI workflows, from data retrieval and validation processes to system integration and deployment architecture, and why patent strategy must focus on the commercially defensible elements rather than just the AI model itself.

Understanding the legal requirements & best practices for IP assignment can prevent costly disputes & ensure a smooth transfer of ownership.

Australian patent law requires all patents to be novel—meaning the invention must be new when compared with prior art existing before the priority date. A single prior disclosure that lacks novelty can invalidate a patent claim, jeopardizing licensing agreements, freedom-to-operate assessments, and infringement actions.

A warning was issued to copyright pirates earlier this month when a claim made by the video game company Nintendo Co Ltd (Nintendo) against an Australian individual for illegally copying and uploading to the Internet its new Super Mario Bros Wii game was settled.

The Full Federal Court of Australia has handed down its appeal decision in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 which provides guidance regarding the application of copyright infringement principles to the packaging of look-alike products.