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  • Article

    Focus On Medicinal Marijuana: Obtaining Intellectual Property Rights For New Medicinal Cannabis Varieties

    In jurisdictions where recreational cannabis use is legal, traditional selective breeding techniques have been used to develop thousands of new cannabis varieties or strains.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Competition And Consumer Law Update – March 2020 Edition

    This article covers events which occurred in March 2020, including the ACCC's response to the COVID-19 pandemic.
    AustraliaConsumer Protection
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Competition And Consumer Law Update – October 2020 Edition

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

    Federal Court Finds Patents Indirectly Infringed By Supplier

    On 17 March 2020, the Federal Court of Australia in Quaker Chemical (Australasia) Pty Ltd v Fuchs Lubricants (Australasia) Pty Ltd (No 2) [2020] FCA 306, decided that a company had indirectly infringed two patents ...
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Is It A Dunlop Dunlop Or A Goodyear Dunlop? — The Curious Case Of Ownership Of The Dunlop Marks For Aircraft Tyres

    In an interesting and long-anticipated decision, the Federal Court has ordered the partial cancellation of registrations for the trade marks DUNLOP and (DUNLOP/FLYING D Marks)
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    DCC Insights Issue 17

    DCC Insights (Issue 17) showcases the latest IP and legal articles, industry updates, and DCC news and events.
    GlobalIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    New Zealand's Highest Court Find That "zombies" Do Exist In New Zealand After All

    As I discussed in an earlier article of 3 May 2019[1] SC Johnson and Son Inc (Johnson) applied to register the ZIPLOC trade mark in class 16, for plastic bags and related goods.
    New ZealandIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Yet Another New Zealand Case Emphasises The Importance Of Lodging Admissible Evidence

    Many New Zealand trade mark actions are lost due to poor or inadmissible evidence, which was demonstrated again in the recent New Zealand trade mark invalidity decision of Zhengtao Jian v Pit Viper, LLC [2021] NZIPOTM 21 (23 August 2021).
    New ZealandIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Copyright Not "In The Bag" – Federal Court Finds No Copyright Subsists In Tote Bag Design

    The Federal Court of Australia has handed down its decision in State of Escape Accessories Pty Ltd v Schwartz [2020] FCA 1606 finding that a neoprene bag was not a work of artistic craftsmanship, ...
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Managing Intangible Assets – Practical Tips For Business Leaders

    The growing importance of intellectual assets (IA), means that their management has become a key imperative for business leaders globally.
    AustraliaCorporate/Commercial Law
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Conforming Foreign Patent Specifications To Australian Practice

    Patentability criteria vary from one country to another often based on local statutory requirements and/or judicial rulings.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Australian Patent Office Re-affirms PTE Independent Of Product Ownership

    As this position differs from other jurisdictions, such as the U.S. and Europe, it can be a costly pitfall for unsuspecting pharmaceutical patentees in Australia.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    The Final Note – Appeal Decision On Damages Handed Down In The Fairlight Saga

    The Full Federal Court recently handed down the fourth decision in the long-running saga between PKT Technologies Pty Ltd (Fairlight) and Peter Vogel Instruments Pty Ltd (PVI): [2019] FCAFC 216.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Indemnity Costs And Supreme Court Act Interest Awarded Against The Commissioner Of State Revenue

    The Supreme Court of Victoria (Delaney J) handed down a decision in favour of the taxpayers in Razzy Australia Pty Ltd & Anor v Commissioner of State Revenue [2021] VSC 409 on 9 July 2021 ("Interest and Costs Decision").
    AustraliaLitigation, Mediation & Arbitration
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Telecommunications, Media And Technology (TMT) Law Update – Volume 40

    On 16 April 2021, the Federal Court ruled that Google LLC and Google Australia Pty Ltd had contravened the Australian Consumer Law by misleading consumers about personal location data collected through Android mobile devices ...
    AustraliaMedia, Telecoms, IT, Entertainment
    Davies Collison Cave
    Davies Collison Cave
  • Article

    China Law Update: Does OEM Manufacturing Constitute Trade Mark Use Or Infringement?

    China has long been an attractive location for companies to manufacture goods for distribution elsewhere
    ChinaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    New Zealand Trade Mark Case Demonstrates A Difference In Evidence Admissibility Between Australia And New Zealand

    A recent New Zealand trade mark opposition decision indicates just how difficult it is to lodge evidence "out of time", demonstrating a distinction between Australian and New Zealand trade mark oppositions.
    GlobalIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    No Surprises But A New Zealand Removal Case Provides A Good Warning About The Scope Of Removal Actions

    In this case, Amazon applied for removal of Unilever's New Zealand registration No. 74364 SURPRISE on the grounds of non-use.
    New ZealandIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Oracle Foreshadows Double Patenting Relief In New Zealand

    The New Zealand Patent Office (IPONZ) has traditionally applied a hardline approach to double patenting, particularly in relation to parent-divisional claim overlap.
    New ZealandIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Telecommunications, Media And Technology (TMT) Law Update – Volume 33

    On 28 April 2020, the Victorian Civil and Administrative Tribunal ruled that a university had not infringed the Privacy and Data Protection Act 2014 (Vic) when it collected images with sexual content from an employee's computer, ...
    AustraliaMedia, Telecoms, IT, Entertainment
    Davies Collison Cave
    Davies Collison Cave

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