Archives for: ‘Matthew Swinn’

Productivity Commission’s final report pulls no punches on patents

Yesterday the Productivity Commission published its final report on Australia’s IP system. Our high level summary of the Commission’s recommendations across all aspects of the IP system can be found here. The Commission sees the patent system as tipped in favour of patent owners and its recommendations are designed to restore balance. This post provides an outline of the key …

Read More
Subjects: |
Partner:

Productivity Commission recommends extensive changes to Australian IP – including fair use, circumventing geoblocks, abolishing business method and software patents and more!

Today, the Productivity Commission has released its draft report into Australia’s intellectual property arrangements. IP Whiteboard readers may recall that last year, the Federal Government asked the Productivity Commission to undertake a comprehensive review of Australia’s intellectual property system (see our previous post here). At 600 pages, the draft report is certainly comprehensive! We have published an alert summarising the …

Read More
Partner:

Can I use a competitor’s name or trade marks for Google AdWords?

This question is often asked by companies considering ways to funnel internet traffic to their own website by diverting internet users seeking to access a competitor’s website. A single judge of the Federal Court has found that the use of a competitor’s trade mark as a keyword in Google AdWords is neither trade mark infringement nor likely to mislead or …

Read More
Subjects: |
Partner:

High Court re-invents the test for patentable subject matter and finds the patent for the isolated breast cancer gene invalid

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 Full Federal Court (which sat …

Read More
Subjects:
Partner:

Malt trade mark teasers – the lighter way to enjoy chocolate

The Federal Court of Australia has allowed Delfi Chocolate Manufacturing S.A.’s appeal of the opposition to its MALTITOS trade mark application by Mars Australia Pty Ltd. The MALTITOS trade mark was filed by Delfi Chocolate in Class 30 for ‘Confectionery; biscuits; chocolate; cocoa; products made from or including chocolate and/or cocoa’. Mars successfully opposed the application in December before the …

Read More
Partner:

Clarisonic v PuraSonic – the allure of miraculous transformational product claims

The Federal Court of Australia has granted preliminary discovery in L’Oréal Australia Pty Ltd v BrandPoint Pty Ltd [2015] FCA 978 with respect to product claims made in relation to the PuraSonic facial cleansing brush. Immortalised by Justice Beach as “a product marketed to the fairer sex with the allure of its miraculous transformational properties”, the application concerned representations made in …

Read More
Partner:

Update: Otsuka Successful in Stay Application: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2015] FCA 848

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 on Tuesday 18 August. The …

Read More
Subjects:
Partner:

Productivity Commission embarks on 12-month inquiry into Australia’s intellectual property regime

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 known as the Harper Review), …

Read More
Partner:

Too early to pull the plug on innovation patents

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 Australia published a report entitled …

Read More
Subjects:
Partner:

Page 1 of 212»