Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 JUNE 2013

INN stem objections - still a case by case proposition

Spruson & Ferguson Lawyers
Explore more from Spruson & Ferguson Lawyers

Objections to registration of pharmaceutical trade marks based on the inclusion of an INN stem remain a concern.

AustraliaIntellectual Property
Sean McManis
Sean McManis
Kathy Mytton
Kathy Mytton
Author LinkedIn connections

Australian objections to registration of pharmaceutical trade marks based on the inclusion of an International Non-Proprietary Name (INN) stem in the mark, remain a concern for trade mark applicants following a recent hearings decision.

Three earlier cases had found in favour of the trade mark applicants suggesting a significant change in the assessment of pharmaceutical trade mark applications. However, the latest decision suggests that any change in practice may not be as great as some applicants had hoped.

Ceva Sante Animale ("Ceva Sante") sought protection in Australia of an International Registration for the trade mark SYNCROSTIM for "veterinary products" in class 5.

The SYNCROSTIM trade mark was examined and IP Australia raised a ground for objection under Section 43, which provides:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Counterfeit Imports – Tougher Penalties At The Border

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?
AustraliaIntellectual Property
Pointon Partners
Pointon Partners
Article

Supporting ‘Human Artistry’: Wholly AI-Generated Recordings Disqualified From ARIA Charts In Australia

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.
AustraliaIntellectual Property
K&L Gates
K&L Gates
Article

How Can You Retain Intellectual Property When A Client Will Not Pay?

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.
AustraliaIntellectual Property
LegalVision
LegalVision
Article

Protecting The AI Systems Competitors Can Actually Copy

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.
AustraliaIntellectual Property
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers
Article

Benchmarking “not Too Closely” – Is It Still Too Close?

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.
AustraliaIntellectual Property
Piper Alderman
Piper Alderman
Article

Updates To Malaysia’s Proposed Patent Linkage Framework

Malaysia is drafting its first patent linkage framework for pharmaceutical products, scheduled for implementation on 1 May 2027 following CPTPP ratification. The National Pharmaceutical Regulatory Agency has released draft guidelines establishing an administrative connection between drug registration and patent status, introducing notification requirements, suspension periods, and four application categories that will fundamentally reshape how innovators and generic manufacturers navigate market entry.
MalaysiaIntellectual Property
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers
Article

Australia | Proposed Tranche 2 Privacy Act Reforms: Exposure Draft And Consultation Paper Released

The Australian Government has released an exposure draft of the Privacy Amendment (Personal Data Protection) Bill 2026, proposing the most substantial reforms to the Privacy Act 1988 in recent times. These changes introduce a fair and reasonable test for data handling, enhanced consent requirements, expanded breach notification obligations, and new rights including data erasure for large digital platforms.
AustraliaPrivacy
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers
Article

Protecting The AI Systems Competitors Can Actually Copy

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.
AustraliaIntellectual Property
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers