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  • Article

    Awarding Costs In The Federal Court: Does The Winner Take All?

    The judgment of Seiko Epson Co v Calidad Pty Ltd [2018] FCA 104 provides useful guidance on how the Federal Court apportions costs between parties who have each been partly successful in the litigation.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Focus On Medicinal Marijuana – Australian Producers Exporting To The World

    Over the past 12 months, approximately 24 countries have either legalised or commenced the legalisation process for medicinal cannabis.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Competition And Consumer Law Update – December 2019/ January 2020 Edition

    This is the latest in a monthly series detailing developments in competition and consumer law in Australia, including the activities of Australia's competition and consumer regulator, the ACCC, published judgments, ...
    AustraliaConsumer Protection
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Amicus Denied An Extension Of Time Under S223 As A Lack Of Foresight Exposed In Hindsight Is Not An Error, Omission Or Mistake

    The Australian Patent Office's 21 January 2020 decision in Amicus Therapeutics, Inc. [2020] APO 4 reminds us that the generous general extension of time provision of the Australian Patents Act (that is, Section 223(2)(a)) ...
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Australian Designs: Reading Between The (Broken) Lines

    In Wynnes Patent and Trade Marks Attorneys Pty Ltd v Wamlez Pty Ltd [2023] ADO 3, the Australian Designs Office considered a third-party request to be heard in respect of the validity of certified design...
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    BlueScope Steel Buckles Under ‘Best Method' Pressure

    In a spate of recent patents to bite the ‘best method' dust, two patents owned by BlueScope Steel Limited (BlueScope) are the latest to buckle under the pressure of Australia's increasingly complex best method requirement ...
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Digital Advertising Invention Found Patentable By Australian Federal Court

    Since 2010 a series of decisions at the Patent Office and in the Courts has made life more difficult for applicants seeking protection for computer-implemented inventions in Australia.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Former Employee Loses Patent Ownership Dispute

    A recent decision by the Australian Patent Office demonstrates the risks of filing a patent application for an invention that one was not responsible for conceiving.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    New Roulette Layout Application Refused By Australian Patent Office

    Figure 1 below shows the roulette table layout that Crown Melbourne sought to patent, alongside the traditional single-zero and double-zero layouts.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    No Laughing Matter: Parody Songs And Australian Copyright Law

    As with most major global events, the COVID-19 pandemic has resulted in numerous online parody songs, from ‘My Corona', to ‘Coronavirus Rhapsody' and riffs on The Beatles' ‘Yesterday'.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Uniden's Mobile Radio Product Found To Infringe GME's Registered Design

    In a recent decision concerning design infringement, the Federal Court of Australia determined that Uniden Australia's mobile radio product embodied a design that was substantially similar in overall impression to GME's registered design for a microphone.
    AustraliaMedia, Telecoms, IT, Entertainment
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Patent Filing In The Southeast Asia Region (2021 Update)

    In this article, we provide a brief update on how individual countries are coping and recovering from the latest wave of infection in this region.
    GlobalIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Southeast Asia Briefing – Patent Filing In The Southeast Asia Region

    The ASEAN region has a combined population of 650 million people and an area of over 4.5 million square kilometers, making it effectively the third largest market in the world after China and India.
    GlobalIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Disclaimers In New Zealand Trade Marks – Not So Sweet After All

    A brand owner has been forced to disclaim the words in its trade mark and restrict the scope of its trade mark application significantly in the New Zealand trade mark opposition, ...
    New ZealandIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Former New Zealand Prime Minister Protects Her Nickname In New Zealand Trade Mark Opposition

    This case is interesting as Ms Clarke neither invented nor commercialised the term Aunty Helen, which was a nickname over which she had no control or ownership.
    New ZealandIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Shapes, Animations And Sounds: Trade Marks For The Future Of Marketing

    In a crowded marketplace, businesses are changing the way they showcase their products and services.
    SingaporeIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Bonobos, Inc v Beaumanoir Asia Holding Singapore Pte. Limited [2022] NZIPOTM 17 (22 August 2022)

    A brand owner has successfully relied upon online sales of its products into New Zealand to defeat a non-use revocation action, in Bonobos, Inc v Beaumanoir Asia Holding Singapore Pte. Limited [2022] NZIPOTM 17 (22 August 2022).
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    TCT Vs Polaris

    Recent Australian Federal Court decision TCT Group Pty Ltd v Polaris IP Pty Ltd [2022] FCA 1493 is particularly notable for its exploration of support in an external document...
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    No Two Ways: Nestlé Blocks Opposition By A2 Milk In Singapore

    The a2 Milk Company Limited v Société des Produits Nestlé S.A. concerned an opposition by the New Zealand based dairy producer The a2 Milk Company Limited ("Opponent")...
    SingaporeIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Patent Perspective: Emerging Trends And Opportunities Of "Clean" Meat

    "Clean" meat, or cell-based meat, is a form of cellular agriculture in which meat is produced by in vitro culture of animal cells, instead of from slaughtered animals.
    SingaporeIntellectual Property
    Davies Collison Cave
    Davies Collison Cave

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