High Court decides important issues relating to patentability of methods of medical treatment, and contributory infringement of pharmaceutical patents

Further to our earlier “Breaking News” post, the High Court has handed down a much anticipated decision in Apotex v Sanofi-Aventis. The decision is important because it definitely determines that methods of medical treatment of human beings are patentable subject matter within the meaning of s18(1) of the Patents Act 1990 (Cth). Further, in circumstances where a pharmaceutical product has …

Read More
Subjects:

Breaking News – High Court hands down important decision in relation to infringement of pharmaceutical patents

A few hours ago, the High Court handed down its long awaited decision in Apotex v Sanofi. While the High Court confirmed that methods of medical treatment of the human body are patentable inventions within the meaning of s18(1) of the Patents Act 1990 (Cth), it found that Apotex did not infringe Sanofi’s patent relating to the use of leflunomide to …

Read More
Subjects:

Wikileaks releases highly anticipated IP Chapter of the Trans-Pacific Partnership Agreement

Adding to what was already going to be a big month for the Trans-Pacific Partnership Agreement (“TPP”), Wikileaks recently published a draft of the controversial Intellectual Property Chapter (“IP Chapter”). Arguably “the most significant international commercial agreement since the creation of the World Trade Organization in 1995”, the TPP is a treaty which aims to establish a free trade zone …

Read More
Subjects:
Partner:

Naming Your Race Horse – Like registering a trade mark? Well, not quite

The annual Spring Racing Carnival and running of the Melbourne Cup, can often lead to more than a sore head and fistfuls of losing betting slips.  Inspired by the (admittedly rare) example of a $4000 horse winning a Group 1 race, you too might have recently acquired a small stake in a new race horse.  Now, it is time to …

Read More
Subjects:

Tom Cruise proves Risky Business for gossip mags

In late 2012, Life & Style and In Touch magazines published headlines indicating Tom Cruise had abandoned his daughter Suri. Most people might dismiss such articles as minority reports. However, Cruise has filed a Complaint in the District Court of California for defamation and invasion of privacy. He’s asking that the publisher of the magazines show him the money, to …

Read More
Subjects: |

#IntellectualProperty trending on Twitter: Considering IP in the age of the hashtag

Social media has transformed the ‘hash’ symbol (#) from a mere symbol key into a phenomenon of its own. Yet the addition of the # symbol before a word has not been so simple in the IP world and has many potential implications. For the uninitiated, let’s have a look at the hashtag’s capability. First, the hashtag operates as a …

Read More

How to prevent your “ordinary” letter of demand from becoming a Social Media Backlash

Remember the old days of sending a hard copy letter of demand which only a few people (at most) were destined to see?  Well, haven’t times changed! Now, it is crucial to consider how best to minimise the prospect that your demand will go ‘viral’.  None of us want our correspondence to spark reputational issues for the client beyond the …

Read More

The internet just got bigger: Further developments in the gTLD space

New domain spaces are in the process of being introduced.  Over the past few weeks, the first “sunrise” periods have opened for new domain name spaces called generic top-level domains (gTLDs).  ICANN has also delegated the first four of its new gTLDs by introducing them into the Internet’s Root Zone. Businesses and brand owners should take care to make sure …

Read More
Partner:

Trade marks wars: Louboutin’s red soled stilettos are back in the spotlight

The trade mark wars for Louboutin continue, this time in an intriguing dispute in Belgium concerning the use of the iconic shoes on a poster for political advertising.  Here’s what happened…. What are the facts behind the case? Recently in Belgium’s Antwerp Court, Louboutin claimed that the Vlaams Belang party infringed its registered trade mark for the colour red (Pantone …

Read More