Monthly Archive for: ‘May, 2011’
A recent dispute between two printer cartridge suppliers has provided greater certainty in the law regarding the copyright protection afforded to compilations and has also provided clarity regarding country of origin claims made in trade or commerce.
AstraZeneca has been unsuccessful in its attempt to overturn a decision of the Minister for Health and Ageing to include a particular dose of rosuvastatin (sold as Crestor, to lower cholesterol) in the Statins-HP “therapeutic group” on the Pharmaceutical Benefits Scheme (“PBS“). The effect of the Minister’s decision is to reduce the PBS listed price of Crestor (and ultimately, the price which AstraZeneca may charge) on the basis of the listed prices of other drugs such as atorvastatin (Lipitor) within the therapeutic group.
In November 2010, UK Prime Minister David Cameron set up an independent review committee, chaired by Professor Ian Hargraves. The aim of this review was to determine if the IP framework that exists in the UK was sufficiently well designed to promote innovation and growth in the UK economy, and if not, to make recommendations as to how it might be improved.
The Victorian Supreme Court yesterday dismissed a claim for breach of confidence brought against Incitec Pivot by former leasing consultants, MMFC. In striking out the plaintiff’s claim, which was commenced in July 2008, Justice Croft found that MMFC had failed to identify or define information capable of protection as confidential information.
The NSW Supreme Court recently considered the extent to which matters concerning patents are arbitrable. In Larkden Pty Limited v Lloyd Energy Systems Pty Limited, Justice Hammerschlag held that there was no impediment to the parties agreeing that the particular dispute in question, relating to the rights in and entitlement to a patent application or invention, was to be resolved by way of
Patent lawyers were kept busy throughout 2010, in a year which saw a company director being found liable for patent infringement, the Courts emphasising the importance of full and frank disclosure when seeking patent amendments, the first consideration of section 223 of the Patents Act, changes to patent prosecution practice, and legislative reform. For a recap of all the significant Australian patent decisions handed down in 2010, check out the Mallesons 2010 Patents Review, available here.
Amidst all the talk of increasing workforce participation and returning the budget to surplus in 2012-13, it’s perhaps unsurprising to find no big ticket items directly affecting IP in the 2011-12 Federal Budget handed on Tuesday night by Treasurer Wayne Swan.
Further to our earlier post in relation to the introduction of the Therapeutic Goods Legislation Amendment (Copyright) Bill 2011, the Bill has been passed unamended.