Senate adjourns consideration of the Raising the Bar Bill

Further to our post on 22 June 2011, following the second reading speech of the Property Laws Amendment (Raising The Bar) Bill 2011 the debate on this important reform legislation has been adjourned.  No date has been set down for the Bill to be debated by the Senate and we await confirmation of whether the Bill will be sent to a Senate Committee for further deliberation.
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Subjects: Patents

Update − Australia and New Zealand move even closer to a single patent examination system

In February this year we blogged about the integration of patent application and examination procedures in Australia and New Zealand.  Further details regarding the implementation of this scheme have now emerged with Australia’s Innovation Minister, Senator Kim Carr, and New Zealand’ read more...

Subjects: Patents

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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Subjects: Patents

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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Subjects: Patents

NEWS FLASH: Bill to radically alter Australian patent laws introduced to Senate

Further to our post on 15 March 2011, the Property Laws Amendment (Raising The Bar) Bill 2011 was introduced to the Senate late last week for consideration and debate.  This is the first step in the process of the Bill becoming law.  The Bill proposes to make a number of significant amendments to the Patents Act 1990, Trade Marks Act 1995, Designs Act 2003 and Plant Breeders Rights Act 1994, with the amendments intended to encourage innova read more...

Subjects: Patents

Ding ding ding…is the fight over for BMW Plastics?

In what is seeming like the never ending fight over a dip tube patent, the Federal Court has handed another win to VIP Plastic Packaging in its long running dispute with BMW Plastics regarding a patent for a "variable-length dip tube for a fluid transfer container".  One wonders if this latest ruling is the knock-out that VIP Plastic Packaging needed to end the fight once and for all. 
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Subjects: Patents