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  • Article

    Fast-tracking trade mark registrability in Australia

    It is now possible to "test the water" by first filing an application through IP Australia's fast-track headstart system.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    Madderns assists SA Productivity Commission

    Health & Medical Research & Development issues paper released as part of an inquiry into its impacts on the economy.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    USPTO COVID-19 pilot program to fast-track patent applications

    Eligible applicants may be able to fast-track USPTO examination of a US non-provisional patent application.
    United StatesIntellectual Property
    Madderns
    Madderns
  • Article

    Australian Trade Marks: Are Beer And Wine The Same?

    In the recent decision of E & J Gallo Winery v Lion Nathan Australia Pty Limited [2009] FCAFC 27, the Full Federal Court found that the conduct of Lion Nathan in selling in the Australian market a specialty beer under the trade mark BAREFOOT RADLER constituted infringement of an Australian registered trade mark BAREFOOT, in the name of Gallo, in class 33 for "wines".
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    How to keep a secret: prohibition orders on patents

    The patent system in Australia empowers the Government to deem a patent as SECRET.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    How do you register your trade marks overseas?

    Since the "Madrid Protocol" in 2001, a single international trademark application can be filed in a number of countries.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    Monsanto's 1 Billion Dollar win over DuPont - Would Australia's new research exemption to patent infringement have saved them?

    Australia has passed a new Raising the Bar Bill, which has introduced a broad research exemption to patent infringement.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    Overseas supplier liable for trade mark infringement in Australia

    An overseas manufacturer supplied goods to Australian retailers in China, who sold the goods to customers in Australia.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    The importance of considering the consumer when comparing trade marks

    Solahart was successful in establishing that use of SOLARHUT was an infringement of trade mark registration of SOLAHART.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    It may be a source of frustration, but does it amount to trade mark infringement?

    Using trade marks as keywords and metatags on the internet: An Australian perspective
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    Selling or Winding up your Business - Don't Forget your Trade Marks

    Considering the assignment or transfer of your trade marks should be on your checklist of things to do.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    The ´Chocolate War´ Over The Colour Purple

    You may be aware that there has been an ongoing dispute between Cadbury and Darrell Lea in relation to Darrell Lea's use of the colour purple
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    Brexit & EU/UK trade marks

    Having left the European Union, the UK is now in a transition period, which is scheduled to end on 31 December 2020.
    United KingdomIntellectual Property
    Madderns
    Madderns
  • Article

    False Marking - Patented Articles, and Associated Advertising, Brochures and Websites

    Do you know why you mark your patented articles and associated advertising, brochures and web sites with "PATENT 1234567", "PATENT", or "PAT PEND"? There may be a number of reasons, but the primary reason will be to increase the likelihood that infringers will be liable from the earliest infringement and not just for their infringing activities after the date upon which they are advised in writing of the existence of the relevant patent. However, do any of your articles etc bear those markings e
    WorldwideIntellectual Property
    Madderns
    Madderns
  • Article

    Are plants patentable in Europe?

    The rules about the patentability in Europe of plants or plant products (obtained by a biological process) keep changing.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    Patent Infringement and Director Liability

    In a recent Federal Court case (Inverness Medical Switzerland GmbH v MDS Diagnostics Pty Limited), it was held that a director of two of the companies selling the infringing product was also personally liable for the infringing acts.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    Patent Protection for Cleantech Start-ups: Importance and Fast-tracking

    The Cleantech sector is a rapidly growing field encompassing a diverse range of technologies which aim to mitigate climate change and reduce the world’s carbon footprint.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    The Australian government is expanding the patent box tax concession to agricultural sector innovations

    Discussion about expansion to patent box scheme which extends support for agricultural or veterinary sectors.
    AustraliaIntellectual Property
    Madderns
    Madderns
  • Article

    Business Name Registration in Australia to be simplified

    A new national business name registration service is to replace the State/Territory registration system currently in place.
    AustraliaCorporate/Commercial Law
    Madderns
    Madderns
  • Article

    Hamilton Laboratories – protecting Australians since

    Hamilton Laboratories protect its valuable intellectual property throughout its innovation journey.
    AustraliaIntellectual Property
    Madderns
    Madderns

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