Taking effect from 6 May 2020, the operation of section 127(1) of the Corporations Act 2001 (Cth) has been modified by the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 to temporarily allow electronic execution of documents by companies for the next 6 months after the effective date. The category of persons who may execute a document on behalf of …
The China-US Trade Agreement and Its Impact on Patent Law
China signed Phase I of a multi-part trade agreement with the US on 15 January 2020 (The Economic and Trade Agreement between the USA and the PRC). The Intellectual Property aspects are covered in Chapter 1 of the Agreement. As a result, there will be developments in Chinese patent law to bring the enforcement of intellectual property matters closer to …
Back to Basics: Claims of Mineral Processing Patents and Infringement
When people think of patents it is typically with reference to physical products or apparatus as this provides an easy way in which to visualise the patented invention. Processes (or methods) can similarly be patented and such patents are used extensively in the mining industry to protect new mineral processing technologies. But without a physical product to provide a reference, …
But That’s My Idea – Isn’t It?
One of the most fertile grounds for disputes relating to inventions, and patents, is the question of who owns the invention or patent. We are reminded of this year after year as cases relating to the ownership of inventions come before the Australian Patent Office and the Australian courts. There are two considerations involved. Firstly, who is or are the …
Three IP Tips to Write Into the Opening Act of Your Startup Journey
As a startup, you have probably got a lot on your to-do list, from completing your MVP to refining your business model and planning your strategy. So where does intellectual property (IP) fit into all of this? Do I have time? Do I have the budget? And why should I make IP a priority over all the other important stuff …
Woolworths fined over $1M for contravention of the SPAM Act
Woolworths, one of the largest supermarket chains in Australia, has been fined $1,003,800 for its repeated breaches (more than 5 million) of the SPAM Act 2003 (Cth) (Act) between October 2018 and July 2019. This is the largest fine ever issued by the Australian Communications and Media Authority (ACMA). Additionally, in a 3-year court-enforceable undertaking, Woolworths agreed to: appointing an …
Welcome News for Computer-Implemented Inventions!
… and perhaps finally a change in practice at the Australian patent office?!! Following hot on the heels of a judgement of the Full Court of the Federal Court of Australia we reported on just a few short weeks ago, the Federal Court handed down another much-anticipated decision about a week ago in Aristocrat Technologies Australia Pty Limited v Commissioner …
‘Fast-Tracking’ Your Australian Patent Applications to Overcome Delays in Examination
Over the past few months if not years, applicants may have observed delays in the commencement of examination after filing their patent application in Australia. These delays do not appear to be COVID-19 related. Rather, they appear to be a function of ordinary business operations. Gaining patent protection in Australia may have positive benefits to the applicant’s overall patent strategy, …
The Australian Made Campaign – ‘Buy Local’ Policies to Help Australian Resurgence
The Australian Made Campaign (AMCL) is calling on Australia’s business community and all levels of government to adopt ‘buy Australian first’ procurement policies, to help fast-track the country’s resurgence as it plans its recovery from the impact of COVID-19. The Federal Government’s commitment to supporting an increase in the domestic manufacturing of critical products such as medical supplies is a …
COVID-19 and the Reporting Requirement Under the Modern Slavery Act 2018
Since our last update on the reporting requirement under the Modern Slavery Act 2018 (Cth), the world has continued to negotiate the COVID-19 pandemic. Businesses in Australia have suffered greatly due to the sharp economic downturn and many employees either had their salaries cut or have been stood down. In light of the current circumstances, the Australian Border Force (ABF) …
