Category Archive

Periodic brand refreshes offer several benefits for a business such as staying relevant, distinguishing your business from your competitors, realignment with new or changing values, products or services and reconnecting with customers. Every successful business will need to refresh their brand from time to time. Usually, the essential ‘look’ of the brand is retained, with minor alterations, so that the …

The Australian Patent Office (IP Australia) will soon implement changes to their fee structure. To assist with an understanding of these changes, we provide a brief summary of the changes and include some proactive recommendations to avoid some significant cost increases. As of 1 October 2020, IP Australia will significantly increase some of their Patent, Trade Mark, Design and Plant …

Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 The designs system in Australia, regulated by the Designs Act 2003, protects the visual features of a product and a registered design can include the shape, configuration, pattern and ornamentation which, when applied to a product, give it a unique appearance. In recent years, a variety of concerns were raised …

Mylan Health Pty Ltd V Sun Pharma Anz Pty Ltd [2020] FCAFC 116 Mylan v Sun Pharma is the latest word from the Full Federal Court on the infringement of Swiss-style claims, novelty, inventive step and fair basis. Before the Full Court was three patents relating to fenofibrate, a drug used to treat cholesterol and diabetic retinopathy in patients with …

Wrays is pleased to advise of its recent success in defending one of its client’s patent applications in opposition proceedings before the Australian Patent Office (Desaln8 Pty ltd v Crisalis International Pty Ltd [2020] APO 30 (24 June 2020)). The opposition hearing was notable because it was held just as COVID-19 lockdown measures were being implemented. The hearing was initially …

A good Hong Kong colleague said to me recently, “How often do you get to witness the birth of trade mark law in a country? Not just new but original?” Myanmar, previously called Burma, is such a country. Myanmar is the largest country in mainland South-East Asia. It is bordered by Bangladesh, India, China, Laos, Thailand, and coastally, by the Andaman …

Australia is producing impressive results on the world pharmaceutical stage. To date, Australia has developed 13 drugs that have received approval from the United States Food and Drug Administration (FDA). Of these 13, 5 were patented by the services provided by Wrays, including FDA approved drugs from iCeutica and Sarepta. Wrays’ Chairman Gary Cox said “We congratulate our clients iCeutica …

In the latest chapter of the dispute between Bayer New Zealand Limited (Bayer) and Norbrook Laboratories Limited (Norbrook), Bayer has successfully defended an opposition to its Australian patent application for a teat-seal formulation used to prevent mastitis in cows Norbrook opposed Bayer’s patent application on the grounds of lack of clarity, lack of sufficiency, lack of support, lack of utility …

Australian filers of PCT applications are set to receive some welcome financial relief as the Australian patent office (IP Australia) will be adjusting their fees for PCT-associated patent filings, effective from 1 August 2020.   International PCT Fees Fee Type Current Fee (AUD) New Fee (AUD) 1 Transmittal Fee $200 $200 2 International Search Fee $2200 $2200 3 International Filing …

The Intellectual Property (Productivity Commission Response part 2 and other Measures) Bill 2019 (the Bill) received Royal assent on 26 February 2020, resulting in the introduction of amendments to The Patents Act 1990 (Cth), (the Act), to include cross references to Section 40(3A) with the effect that Section 40(3A) is now available as a ground for refusal of amendments after …