Category Archive for: ‘Patents’

IP & Competition Law…a match made in reform heaven?

Yesterday, the Competition Policy Review Panel released its Draft Report on the effectiveness of Australia’s current competition policy and laws, and its recommendations for the promotion of competition across the economy. Our colleagues over at In Competition published this brief post here and a more detailed alert here, focusing on the broader aspects of competition policy reform canvassed in the …

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Not all fun and games in copycat litigation

The gaming industry (and gamers) will be watching two recent US cases with great anticipation. In these cases, law suits have been brought against alleged copycat games, relying on causes of action including copyright, trade dress and patent infringement. The decisions raise the important and interesting question – can you protect the rules and implementation of a game? What about …

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Isolated genes patentable: Cancer Voices Australia v Myriad Genetics

BREAKING NEWS: Full Federal Court finds that isolated genetic material is patentable subject matter as an artificially created state of affairs.

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“D’oh!” The Simpsons are sued for Homer’s hologram

You may be familiar with Comic-Con, a worldwide organization that runs conventions for comic fans, made famous by geeks in dress up and legendary guest stars. Well, last month’s San Diego Comic-Con was made famous for another reason – a holographic appearance by Homer Simpson has led to The Simpsons being sued for patent infringement. D’oh indeed. On 26 July …

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Review of the Innovation Patent System Final Report

The Australian Government Advisory Council on Intellectual Property (“ACIP”) has recently recommended several changes to the innovation patent system in Australia. The key recommendations include raising the threshold for “innovative step”; excluding processes from patentability as innovation patents; examination and certification being a precondition to using the term “patent”; and requiring examination to be requested within three years. ACIP was …

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WIPO program encourages research into neglected diseases

A novel WIPO program brings IP owners and researchers together to facilitate scientific research into neglected diseases, with the aim of bringing royalty-free treatments to least developed countries. 50 voluntary collaboration agreements have been signed in the 2 years of operation.

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High Court grants special leave to appeal extension of time in pharmaceutical patent case

Last Friday the High Court of Australia granted Alphapharm special leave to appeal from a decision of the Full Federal Court in Aspen Pharma Pty Ltd v H Lundbeck A/S [2013] FCAFC 129.  The Full Court’s decision affirmed an earlier decision of the Administrative Appeals Tribunal to grant Lundbeck an extension of time in which to make an application to …

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The New EU Unitary Patent and Unified Patent Court – On Track but Issues Remain…

After some 40 years of stop-start progress, recent months have seen a steady build-up of momentum in relation to the proposed EU Unitary Patent and Unified Patent Court (UPC) regime. Provided all goes to plan in the coming months, a 2016 start date for both is beginning to look an achievable target. The Unitary Patent The Unitary Patent will be …

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Quality, not quantity, the key to inventorship

Neobev Pty Limited v Bacchus Distillery Pty Limited (Administrators Appointed)[1], a decision of Besanko J of the Federal Court published earlier this year, provides insight into the vexed question of joint inventorship – just what does it mean to be a joint inventor of an invention that is the subject of a patent? The respondent, Bacchus Distillery, was a small …

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