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  • Article

    Extension of Term Provisions Broadened to Include Medical Devices?

    There appears to be a softening by the Patent Office in relation to the extension of patent term provisions in Australia. Traditionally, an extension of patent term was only available for pharmaceuticals. Indeed, the Act contained a specific limitation to "pharmaceutical substances per se".
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    ISP forced to hand over details of online pirates

    The copyright owner should uncover details for those who downloaded pirate versions of the movie Dallas Buyers Club.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Liberalisation of Single-Colour Trade Marks

    Australian courts have recently considered the registrability of single-colour trade marks.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Monstrous Brand Theft Thwarted

    The Full Federal Court has rebuffed an attempt to appropriate the international reputation of the Monster Energy brand drink in Australia in Hansen Beverage Company v Bickfords (Australia) Pty Ltd.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    New Opportunties to Remove Trade Marks

    The recent case of Health World Ltd v Shin-Sun Australia Pty Ltd [2010] HCA 13 has expanded who can remove Trade Marks under the Australian system. Under our Trade Marks statute only a ‘person aggrieved’ can apply to remove a Trade Mark. Traditionally, this has been an onerous test which did not necessarily include trade rivals wishing to use a mark.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Office And Courts Diverge On Obviousness

    The Australian courts and the Australian Patent Office continue to have divergent views on the level of obviousness required to invalidate a patent. Whilst the Patent Office has attempted to move Australia towards the European so-called "problem and solution" approach, the courts highlight deficiencies in it and refuse to adopt the Office's preferred view.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Omnibus claims in Australian patent law continue to be effective

    Omnibus claims are added to patents in some jurisdictions as a catch all warning to potential infringers of patent law.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    On World IP Day, we take a look back at a patent decision from colonial Australia

    This patent infringement decision from colonial Australia shows just how much has – and just how much has not – changed.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Prosecution history estoppel again rejected in patent claims

    The courts again rejected the notion that what the applicant says in prosecution can be held against the patentee later.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Raising the Bar intellectual property law changes now in force

    One of the biggest changes in Australian Patent and Trademark law, created and shepherded by the Australian Patent Office has now taken effect in Australia.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Senate Inquiry Into The Patentability Of Genes

    The controversial Senate Inquiry into the patentability of genes and other biological material appears to have been subdued, at least for now, as a result of the recent Australian federal election.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    The Patent Prosecution Highway

    In an interesting development for those seeking patent protection in both Australia and the US, the Australian Patent Office and the USPTO have announced that, as of 14 April 2008, a Patent Prosecution Highway (PPH) will be introduced on a one-year trial basis.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    The United States Patent and Trademark Office (USPTO) remains open - for now (Part 2)

    You should check if your US applications need to be advanced to reduce the risk of any official slowdown or shutdown.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Time is running out for thinking ahead - dealing with new Australian patent application requirements

    The patentability standards applicable to all Australian patent applications will soon be raised.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Trade Marks Law: Australia Again Restricts Shape Trade Marks

    The Australian courts have continued to restrict the ability of applicants to obtain shape trade marks. In the latest case of Chocolaterie Guylian N.V. v Registrar of Trade Marks [2009] FCA 891, the Federal Court has agreed with the Registrar's refusal to register Guylian’s well-used shape of a seahorse despite substantial use and high levels of consumer recognition.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Update: New extended deadline of 30 November 2020 for requesting extensions of time at IP Australia when a deadline cannot be met due to COVID-19

    IP Australia is providing free extensions of time of up to three months if a deadline cannot be met due to the effects of COVID.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Update: New extended deadline of 31 October 2020 for requesting extensions of time at IP Australia when a deadline cannot be met due to COVID-19

    Many deadlines for patents, trade marks and designs are covered by the recent streamlined extensions of time.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    2017 EMDG (Export Market Development Grant) claims

    There are only 15 business days remaining until the Export Market Development Grant (EMDG) program closes.
    AustraliaInternational Law
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Republic of Nauru enacts trade mark registration system

    Nauru's Trademarks Act has established the legal framework for the registration and protection of trade marks in Nauru.
    NauruIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Post-grant opposition procedures in Indonesia

    In Indonesia, third-parties may file a request for post-grant opposition before a Patent Appeal Commission.
    IndonesiaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers

Showing 41–60 of 1145 results

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