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Section 125 of the Australian Patents Act 1990 (Cth) provides that "a person who wishes to exploit an invention may apply to a prescribed Court for a declaration that the exploitation of the invention would not infringe a claim of a particular complete specification". An affirmative decision is termed a non-infringement declaration ("NID") and protects its holder from being liable for damages or an account of profits even where the NID is later revoked.

There are quite a few common misconceptions regarding patenting. Here, we address a selection of myths which are observed on an all-too-regular basis, and provide some tips on how to better work with the system.

There are quite a few common misconceptions regarding patenting. Here, we address a selection of myths which are observed on an all-too-regular basis, and provide some tips on how to better work with the system.

Alloys are one of the oldest technologies known to man and feature quite prominently in records of cases going back as far as the late 19th century. Looking at old Reports of Patent Cases from a century ago, it is easy to be struck by just how familiar the subject matter is in cases like Thermit v Weldite (production of alloys of aluminium and metals such as chromium, iron, tungsten, molybdenum, nickel, cobalt etc), compared to most of the other long antiquated technology which was in dispute a

One aspect of brand protection, which many businesses often overlook, is the protection of Chinese language trademarks.

An IP Australia discussion paper has been released concerning proposed amendments to Australia's trade mark legislation.

In a decision issued by the Australian Trade Mark Office, STELLA successfully opposed acceptance of the ST ELLA mark.

In Pioneer Computers Australia Pty Limited v Pioneer KK ([2009] FCA 135, February 23 2009), the Federal Court of Australia has considered the issue of technology convergence in deciding whether to exercise its discretion in cancellation proceedings.

Discusses the unitary patent and Unified Patent Court, current issues and the significance of the timing of German ratification.

Businesses currently contemplating filing a new trade mark application, should file before 1 October 2012 fee increases.

Summary of Tasman Insulation New Zealand Ltd v Knauf Insulation Ltd [2014] NZHC 960.

The decision indicates that it will be very difficult to obtain extensions of time in trademark opposition proceedings.

ICANN has developed a procedure for organisations to develop their own gTLDs which may include brands and trading names.

In an August 2008 address to the National Press Club, retiring High Court Chief Justice Murray Gleeson commented that although he had previously considered certain things to be self-evidently private, he was no longer sure. His Honour stated "when you look at the kind of information people publish about themselves, it makes you wonder."

The duplication of privacy regulation across Australian jurisdictions causes inconsistency and complicates compliance.

Explores a successful approach to secure protection for a known API used to treat a disease subtype under China's Swiss-type use claim framework.

The 4th revision of China's Patent Law in 2021 introduced new developments of China's patent linkage system.