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This article reviews the scope, terms, conditions and regulatory rationale of data exclusivity and market exclusivity under these revisions, and assesses their practical impact on pharmaceutical R&D and registration strategies.

Two recent Federal Court decisions clarify whether parties defending patent infringement claims can raise invalidity grounds they didn't pursue in earlier opposition proceedings. The rulings address when issue estoppel applies to claim construction findings and whether grounds like insufficiency can be re-argued on different factual bases.

This new, impractical requirement would ensure that few, if any, patents will be granted for these or related inventions.

Summary of the requirements & some recent Federal Court decisions relating to pharmaceutical patents.

Guide walks through the strategic use of provisional patent applications, the Patent Cooperation Treaty & International Type Search.

The MALISHUS trade mark was infringed by using that word in domain names and on Facebook offering clothing for sale.

Unregistered trade marks can still be used to block applications if the necessary reputation in NZ is established.

We previously reported that the Australian Designs Office (ADO) recently refused to register type fonts under the old Australian Designs Act 1906 (June 2007 newsletter).

China's patent system provides three types of patent rights: invention patents, utility model patents, and design patents.

This article reports continuing progress toward New Zealand's new Patents Act.

The evidence fell short of the higher threshold for establishing that the TAYLOR'S mark is well known in New Zealand.

Recent decision is at odds with the position in Australia & suggests a need to rethink definition of Invention & hence Inventor.

The Applicant, a local company selling Chile sparkling wine, applied to register the trade mark "CHAMPENGWINE – UNIQUE.

Can Australia and New Zealand be considered a single market?

Perhaps the decision should be applied very narrowly and its impact on the Australian biotechnology industry be limited.

The Australian Consumer Law protects consumers and small businesses from unfair contract terms in standard form contracts.

The commercial contract may prohibit a party from doing certain things, but consent must not be "unreasonably withheld".