Way more than an everyday interest in IP
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The Trans-Pacific Partnership (TPP) was concluded on 5 October 2015, after 8 years of negotiations. Its twelve signatories, who together account for 40% of world GDP, are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States and Vietnam. The details of the agreement have yet to be released, but a number read more…
The High Court has handed down a significant decision finding that patent claims for isolated gene sequences, indicative of a predisposition to breast cancer, are not patentable subject matter. The decision can be found here (a one page summary has also been published by the High Court). The decision overturns the unanimous decision of the read more…
by Kim O’Connell, Suzy Madar and James Ellsmore In a widely anticipated decision, the High Court has upheld a decision of the Full Federal Court that AstraZeneca’s patent relating to low dosages of rosuvastatin is invalid for want of inventive step. Rosuvastatin is used in the treatment of high cholesterol and is marketed by AstraZeneca read more…
Further to our post of 7 July 2015, the proceedings brought by Otsuka and Bristol Myers Squibb (the “exclusive licensee” of Otsuka’s patents for aripiprazole) against Generic Health have taken another turn. Justice Nicholas delivered judgment on Friday 14 August in the interlocutory application sought by Otsuka and BMS. The orders and reasons were published read more…
The Federal Government has given the green light to the Productivity Commission to undertake a comprehensive review of Australia’s IP regime (Inquiry). The Commission must provide a report on the Inquiry by August 2016. The Inquiry was one of the three recommendations relating to IP in the Final Report of the Competition Policy Review (also read more…
In June 2014, following three years of public consultation, the Advisory Council on Intellectual Property (ACIP) released a report in which it made recommendations to reform the Innovation Patent System. ACIP did not, at that stage, recommend abolishing the system. Our previous post on ACIP’s recommendations can be found here. On 25 May 2015, IP read more…
It a recent US Supreme Court case involving a patent for a device shooting Spiderman foam ‘webs’ from wrists, Justice Kagan did a (Marvel-ous?) summation of the issue at hand: ‘Patents endow their holders with certain superpowers, but only for a limited time’. read more…
The Court of Justice of the European Union has today issued its much-anticipated decision in Huawei v ZTE in relation to the question of whether it is an abuse of a dominant position to seek an injunction for infringement of a standards-essential patent (SEP). The Court’s decision largely confirms the approach of Advocate General Wathelet read more…
Generic Health is perhaps a step closer to bringing its generic version of the antipsychotic drug aripiprazole to market in Australia after Justice Yates struck down one of Otsuka’s patents for the drug. Although it’s unclear whether the path has been cleared for the launch of generic aripiprazole, Justice Yates’ decision – which found that read more…