Archives for: ‘Health & pharmaceuticals’
High Court grants Application for Special Leave to Appeal in Myriad Genetics
The High Court has granted Cancer Voices’ application for special leave to appeal a Full Federal Court finding that Myriad’s patent relating to the BRCA1 gene is patentable.
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Licensees beware – are you exclusive?
The Full Federal Court confirmed last week in BMS v Apotex that where a patent licence reserves some rights to be exercised by the licensor, the licensee will not have standing to sue and claim damages as an “exclusive licensee”. Importantly, in infringement proceedings, a patentee can only claim damages for damage suffered by itself or an exclusive licensee. In …
Read More2014 in review: the top three Australian developments in patents, trade marks and copyright
As the year reaches its close, we take a look back at the key Australian developments in intellectual property in 2014, including in patents, trade marks and copyright. Top 3 trade mark developments Cantarella Bros v Modena Trading [2014] HCA 48 A High Court decision on trade marks is always going to be at the top of the top three …
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ACCC imposes strict transparency provisions on updated Medicines Australia Code of Conduct
Roll-out of a new edition of Medicines Australia’s Code of Conduct has struck a roadblock, with the ACCC requesting that Medicines Australia amend the Code to include additional transparency requirements. The ACCC released a draft determination on 17 October indicating that it will not grant approval of the new edition of the Code unless those amendments are made. The proposed …
Read MoreDe-identification and medical records in NSW
Are health service providers in New South Wales obliged by the Health Records and Information Privacy Act 2002 (NSW) to de-identify medical records on the request of a patient? Not according to this recent decision of the NSW Civil and Administrative Tribunal. On 20 October 2014 the Tribunal dismissed a claim against a local health district in which the applicant …
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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.
Read More8 things you need to do now that Facebook has banned “like-gating”
“Like our page!” is a phrase you see a lot on Facebook. But following a change to Facebook’s Platform Policy last week, you may not see it as much. Great news for users, but maybe not-so-great news for those businesses relying on like-gates to gain traction on Facebook. Here are 8 things that all businesses on Facebook will want to think about now …
Read MorePrivacy Commissioner awards damages
In a rare example of the Commissioner making a determination under the Privacy Act, Aerocare Pty Limited has been found liable to compensate an airline passenger for the manner in which they collected and disclosed sensitive health information about the passenger in an airport departure lounge. The facts and determination Aerocare was acting as a contractor to the airline known …
Read MoreWIPO 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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