CJEU gives Guidance on Standard Essential Patents and Injunctions

The Court of Justice of the European Union has today issued its much-anticipated decision in Huawei v ZTE in relation to the question of whether it is an abuse of a dominant position to seek an injunction for infringement of a standards-essential patent (SEP). The Court’s decision largely confirms the approach of Advocate General Wathelet read more...
Subjects: Patents

Partner:

Duelling Ukuleles and Sofa Workshops – recent cases highlight advantages of national protection alongside CTM registrations, and the continued importance of passing off

A few weeks ago the UK Supreme Court rejected an appeal by Starbucks HK (not the coffee company) in a passing off case. The UKSC confirmed the fundamental requirement of goodwill in the UK in order to bring such an action in the UK. Mere reputation is not enough. You can see the update from read more...
Subjects: Trade marks

Partner:

Generic Health succeeds in invalidating patent for aripiprazole: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 4) [2015] FCA 634

Generic Health is perhaps a step closer to bringing its generic version of the antipsychotic drug aripiprazole to market in Australia after Justice Yates struck down one of Otsuka’s patents for the drug.  Although it’s unclear whether the path has been cleared for the launch of generic aripiprazole, Justice Yates’ decision – which found that read more...
Subjects: Patents

Partner:

Telco Sector Security Reforms

Authors: Michael Swinson (Partner) and TJ Saw (Solicitor) On 25 June 2015 the Attorney-General and the Minister for Communications released an exposure draft of a new piece of legislation that aims to strengthen the Government’s ability to manage national security risks affecting telecommunications networks. The proposed Telecommunications and Other Legislation Amendment Bill 2015 is the read more...
Subjects: Privacy | Technology

Partner:

“Re-calculating … turn around when possible” – In TomTom decision, clear thinking on “wrong way round” confusion

We’ve devoted a bit of airspace to that hoary old chestnut, reverse (or “wrong way round”) confusion. See our earlier notes on the Glee and Europcar cases (here, here and here). It’s an interesting issue, and it’s also incredibly important in the context of a global economy in which fame can arrive overnight. Given the read more...
Subjects: Trade marks

Partner:

Australia signs Free Trade Agreement with China – important implications for IP owners and healthcare providers

After years of negotiation and months of drafting, Australia signed the Free Trade Agreement between the Government of Australia and the Government of the People’s Republic of China (ChAFTA). The Agreement addresses a number of important IP related issues and also sets out bilateral obligations to promote trade and investment in healthcare. Intellectual Property Chapter read more...