Copyright and graphic design If you are lucky enough to work in the design industry, then your job involves the creation of intellectual property on a daily basis. And, on the opposite side of the table, if you’ve ever engaged a design or marketing professional, then you’ve likely had the pleasure of commissioning the creation of intellectual property. A new …
3D Printing – IP implications of a layered approach
The game changing technology of 3D printing (a form of additive manufacturing – the creation of 3D objects by adding layer upon layer of materials) is becoming mainstream in our modern society. It has now entered our homes so that what was once a technology only available to large organisations and researchers is now available to hobbyists and smaller companies …
A guide to managing intellectual property
Intellectual Property (IP) should be well managed – in the same way that a company manages all of its other assets. Unfortunately, because of the intangible nature of IP, it often gets overlooked. This brief guide aims to identify some of the issues and practices that will assist a company in being more able to effectively manage IP that already …
Government’s long-awaited reforms to R&D Tax Incentive
In last week’s Federal Budget, the government announced some long-awaited reforms to the R&D Tax Incentive, to boost its integrity and provide much needed clarity for how companies can claim the incentive moving forward. There was some good news: A $4 million annual cap on cash refunds for early-stage start-ups, instead of the proposed $2 million, and no lifetime cap …
Federal Budget 2018 and its impact on innovation & technology
The world is changing and the government needs to position innovation and technology as critical enablers within the budget and with voters. There were some wins in 8 May Budget delivered by the Federal Government and some disappointments too. Wrays have partnered with InnovationAus.com to produce a white paper on the impact the Budget will have on innovation and technology – …
Federal Court crystal clear on descriptive trade marks
Federal Court finds Bohemia and Bohemia Crystal marks should be cancelled for descriptiveness The Federal Court of Australia has found that the marks BOHEMIA and BOHEMIA CRYSTAL are liable to be removed from the Register of Trade Marks. Those marks were registered in respect of glassware and crystal, and were found to be incapable of distinguishing these goods from the …
Pain persists for importers of goods – Full Court confirms power of process patents
On 23 February, the Full Federal Court of Australia handed down its appeal decision in Warner-Lambert Company LLC v Apotex Pty Limited (No 2) [2018] FCAFC 26. The judgment covered several questions, but the ones we will focus on in this article are: If a patent for a method of treatment using a compound does not contain information that a …
Mandatory Data Breach Notification Scheme – are you prepared?
The Privacy Amendment (Notifiable Data Breaches) Act 2017, which was examined in The Gatherer vol.1 (see here) and here, establishes a Notifiable Data Breaches scheme in Australia. The NDB scheme will commence on 22 February 2018 and will apply to organisations already covered by the Privacy Act 1988 – including businesses with an annual turnover of more than $3 million, …
Productivity Commission Dust has settled – What next?
The Australian Government’s response to the Productivity Commission’s report into the operation of Australia’s IP system was released in August 2017. Both the report and the Government’s response can be found on the Department of Industry, Innovation and Science website. Following a public consultation period, several IP policy matters and a number of other measures, which are the subject of …
Wrays’ Principal Jennifer McEwan featured on The Project
US-based footwear and clothing giant, Deckers Outdoor Corporation, continue legal proceedings in a US court against Sydney-based company, Australian Leather Pty Ltd, for using the word “ugg” to describe its sheepskin boots being sold in overseas markets. This is the latest in a series of disputes relating to use of the word “ugg” by Australian manufacturers of sheepskin boots. Locally, …