The federal government has recently introduced reforms to Australia’s insolvency and restructuring laws to provide companies under financial stress an opportunity to trade out of their difficulty. A key part of the reform package is the introduction of a new “ipso facto” regime, which restricts the ability of a party to terminate a contract and exercise other contractual rights in …
Does Banksy now think Copyright is cool?
The street artist known for stating “Copyright is for losers” has successfully pursued legal proceedings against an Italian Museum for … trade mark infringement. The exhibition is just one of many unauthorised exhibitions showcasing the artist’s work, with the reproduction of his iconic pieces for merchandise and promotional material being the matter of contention. Pest Control, the handling service of …
As Brexit looms, what will happen to your existing patent rights?
29 March 2019… Brexit Day. This is the date that, at 11pm, the UK will leave the European Union. The UK can decide to halt the process without consent from the other 27 EU States and stay in the EU at any time up to Brexit Day. However, for the UK to halt the process, this would require a change …
Unraveling the repair defence to design infringement
When Australia’s new registered designs regime was introduced in 2003, it included a defence to infringement for spare parts used for repair work (section 72 of the Designs Act 2003 (Cth)). The scope of this repairs defence has now been explained in an illuminating court decision concerning car body parts, highlighting the defence’s complexity. In GM Global Technology Operations LLC …
The Intellectual Property of Autonomous Mining
Almost 3 years ago I wrote an article discussing some of the issues associated with patent protection being obtained relating to remote mine site operations. That article can be accessed here. That article is the most viewed article of the many I’ve written and published on the LinkedIn platform. This demonstrates the high level of continuing interest in remote mine site …
Prepare to have your world Rokt ….
Australian Federal Court Overturns IP Australia’s Rejection of Computer Implemented Invention (CII). In a blow to the recent practices of the Australian Patent Office of IP Australia when examining CIIs, the Federal Court of Australia has, in its decision by Robertson J in Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 [Rokt], overturned IP Australia’s rejection of a …
Getting the Deal Through – Trademarks 2019
Getting the Deal Through has published their 2019 edition of Trademarks, wherein experts provide international analysis in key areas of law, practice and regulation for corporate counsel, cross-border legal practitioners, and company directors and officers. Wrays’ Principal Marie Wong provides a detailed analysis of the scope, ownership, registration and enforcement of Trademarks in Australia. If you are considering filing in …
The impact of BREXIT on UK & European patents
As is widely known, the United Kingdom shocked the world – and themselves – by voting No on the question of whether to remain part of the European Union in the referendum held in June 2016. The UK parliament subsequently formalised the intention of the UK to leave the EU by invoking Article 50 of the Treaty on the European …
The IP Perspective with Chris Juhasz
Amazing grace period provisions I would say that at least half a dozen times so far this year, my initial talks with a new client have gone something like this. Client (excitedly): Yeah. People are starting to really take an interest in our technology. We have made some sales, are getting positive reviews, and quite a few people have suggested …
Government grants & incentives to power up your business
For early stage companies, a government grant or tax offset can sometimes be the difference between keeping the lights on or shutting down. This may sound dramatic, but for some emerging companies without full investment funding, this is a reality. It is therefore important to stay informed and avoid missing out on funds you may be entitled to. In Australia, …