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“Like brands, only cheaper” — the court’s stance on copycat and “natural” products

Thu, 09/13/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Wyn Davies RYDGE EVANS LAWYERS
Volume: 31
Year: 2018

The Federal Court’s decision in Moroccanoil Israel Ltd v Aldi Foods Pty Ltd 1 ( MIL v Aldi ) has clarified Australian intellectual property law regarding copycat products and products that claim to be “natural”. The decision highlights that: • Similar appearance between two products will not necessarily lead to a finding ...

Patents and planet hunting

Thu, 09/13/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Martin Pannall MADDERNS PATENT & TRADE MARK ATTORNEYS
Volume: 31
Year: 2018

Looking at the horizon you see the two suns setting, and the image of your neighbour planet becoming larger as it rises in the sky. At least that is what you might see if you were standing on the planet Kepler-47(AB)b (notwithstanding the practical difficulties of standing on that planet). ...

Position clarified: a defect in ownership cannot be “cured” by an assignment to the correct owner

Thu, 09/13/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Helen Kavadias PHILLIPS ORMONDE FITZPATRICK
Volume: 31
Year: 2018

In Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd 1 (Full Federal Court case), the Full Federal Court found differently to the Federal Court in Insight Radiology Pty Ltd v Insight Clinical Imaging Pty Ltd 2 (Federal Court case) on the issue of trade mark ownership. In particular, when a ...

School for scandal: the Supreme Court of the United States, trade mark law and freedom of speech in the age of Trump

Thu, 09/13/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Matthew Rimmer QUEENSLAND UNIVERSITY OF TECHNOLOGY
Volume: 31
Year: 2018

The Supreme Court of the United States ruling in Matal v Tam 1 in 2017 over the Oregon rock group The Slants sets down a landmark precedent in respect of trade mark law, racism, bigotry, disparagement and freedom of speech. The ruling also brought larger implications and ramifications for the protection ...

Should the Australian Patent Office be denying patent eligibility to commercially relevant gene-based inventions?

Thu, 09/13/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Grant Shoebridge SHELSTON IP
Volume: 31
Year: 2018

Summary and key points For more than 30 years, isolated genes were considered to be patent-eligible subject matter under Australian law. In 2015, however, the High Court of Australia in D’Arcy v Myriad Genetics Inc 1 (the Myriad decision) ruled against the patentability of isolated human genes claimed in a patent ...

Copyright in millions of unpublished works, films and sound recordings to be snuffed out on 1 January 2019

Sat, 07/28/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter Knight BANKI HADDOCK FIORA
Volume: 31
Year: 2018

Key points • New rules regarding copyright duration will come into effect on 1 January 2019. • The new rules are retrospective — there are no transitional provisions other than in the rules themselves. • The new rules eliminate “perpetual” copyright in respect of unpublished copyright material. • After 1 ...

Grant available for patent and trade mark fees

Sat, 07/28/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Tracey Murray GLASSHOUSE ADVISORY
Volume: 31
Year: 2018

Did you know that Australian businesses with overseas patent or trade mark costs could be eligible for a grant that would see them recoup up to $25,000 of their patent and trade mark fees? Find out more about the Export Market Development Grant program. The Export Market Development Grant (EMDG) ...

Intellectual property protection for innovations related to epigenetics

Sat, 07/28/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Timothy Fitzgerald and Declan McKeveney SPRUSON & FERGUSON
Volume: 31
Year: 2018

Key points • Epigenetics is broadly defined as the study of changes in the expression of genes in a cell (or organism) that are not a direct result of changes in the “genetic code” or “genome sequence” of the cell. Epigenetic mechanisms are firmly established as a critical component of ...

SAI Global Property Division Pty Ltd v Johnstone

Sat, 07/28/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Nick Kraegen and Shemira Jeevaratnam BAKER MCKENZIE
Volume: 31
Year: 2018

Introduction — big costs on all sides in employee confidential information misuse case Vindicating a company’s rights in confidential information can be a fraught and costly exercise. SAI’s recent action against an employee was successful but came at significant cost — of which SAI was ultimately only able to recover ...

Survival of the fittest in trade marks dispute

Sat, 07/28/2018 - 22:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Daniel Jepson HOLMAN WEBB LAWYERS
Volume: 31
Year: 2018

Introduction Whether one trade mark is deceptively similar to another comes down to the ordinary person’s impression of each. What if the marks in question look and sound similar, but convey different meanings? The July 2017 decision of Crossfit Inc v Bossfit Pty Ltd 1 ( Crossfit ) is an ...