Archives for: ‘Industrials’

Why you can’t keep a good patent down: steel-flex posts bounce back from patent revocation

Delnorth is an Australian company that designs and supplies road signs and road-side markers. The company claims that its flagship product, the “Steel-Flex” post, can withstand being run over from either direction, never dislodges from the ground and will return to an undamaged, perfectly vertical position if run over. Spruiked as ‘the most durable post available on the market’, it …

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Oh what a feeling! Jetstar disputes Toyota’s rights to register “jumping” trade marks

It appears that Toyota may have got the jump on Jetstar by filing a series of trade mark applications to protect its well-known “Oh, what a feeling!” jump which has been used by the car maker since the 1980s to promote its vehicles.  Jetstar – which, since launching in the early 2000s, has also used star-jumping actors to promote their airline – looks set to challenge Toyota’s right to protect its jump.

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More news from Canberra: amendments to IP laws passed by Senate

You would be forgiven for having missed this news given everything else that was happening in Canberra this week, but the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 was passed by the Senate on 27 February 2012.  The Bill will now go before the House of Representatives in the autumn sitting and is expected to come into force later this year.

The Bill targets five key areas:

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Cabinet reshuffle includes changes to key IP portfolio

On Monday the Prime Minister announced a cabinet reshuffle which will have some impact on the key IP portfolio, Innovation, Industry, Science and Research (as it is presently known). 
 
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New R&D Tax Credit passed by Parliament

The long-delayed R&D Tax Credit was passed by the House of Representatives yesterday after clearing the Senate with amendments.  The R&D Tax Credit represents the most significant change to tax innovation policy since the original R&D Tax Concession was introduced in 1986. Check out our alert here.

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If you invade a property and take photos, who holds copyright in the photo?

Windrige Farm Pty Ltd is the owner of the Wonga Piggery, located near Young, New South Wales.  Along with the regular concerns faced by any piggery owner, including disease, environmental problems and the possibility of (former) prime ministerial ownership, there is always the risk of animal rights activists invading the property.  Such was the case on 9 July 2006, where Messrs Grassi, Simpson and James trespassed on the piggery to take photos and videos to document the conditions the animals were living in.

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France to reform its pharmaceutical regulatory system…with possible global implications!

On 23 June 2011, the French Health Minister proposed significant reforms to the French pharmaceutical regulatory system.
 

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Question: How to stun a fish?

This was the question that the Full Court of the Federal Court of Australia was asked to consider in Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83.  Essentially, fish stunning is a process whereby a freshly caught fish is concussed prior to death in order to minimise stress and retain optimal taste and texture in the flesh of the fish.  
 

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Court says case too complex for summary judgment

A recent decision of the Federal Court has emphasised the difficulty associated with seeking summary judgment in patent matters, where issues of invalidity are often complex and require expert evidence.  In such circumstances, it is very difficult to show that the opposing party has no reasonable prospects of success. 
 

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