By Andrew Mullane, Associate Intellectual property rights have not escaped the waves of uncertainty created by the United Kingdom’s decision to leave the European Union, or “Brexit” as we’ve heard it referred to over the last few months. The UK’s obligations to the World Trade Organisation, and the widely accepted view that harmonisation of IP laws is advantageous, should prevent …
Orica’s blasting method patentable despite Dyno Nobel’s determined opposition
By Peter Caporn, Principal A recent decision of the Commissioner of Patents has held that a blasting method used in open cut mining (most commonly for coal) that combines a throw blast and a stand-up blast, separated by a period of at least 500ms, in a single blast cycle, is novel and inventive. Australian Patent Application 2004293486 in the name …
Unfair Contract Protections extended to small business
By Judith Miller, Principal & Bindu Holavanahalli, Lawyer Business should ensure that they have conducted a detailed review of their standard form contracts prior to the commencement of the new legislation to ensure that they comply with the requirements. A Bill to extend the unfair contract protections of the Australian Consumer Law (ACL) for consumer contracts to standard form small business …
The bar has been raised: are you jumping high enough?
By Tyson Keed, Patent & Trade Marks Attorney The introduction of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 sought to overhaul of the Australian IP system. The majority of these changes affected the patent system. The changes sought to increase the robustness of Australia’s patent laws, bringing them more into line with major trading partners such as …
A guide to blockchain & its potential role in the future of IP
By Jonathon Wolfe, Director – Wrays Solutions There is a significant buzz in the financial world, and increasingly in other industry domains, around the potential impact of blockchain-like technology to greatly simplify business processes and remove the role of intermediaries. An obvious example is the growing potential in the legal world to invoke smart contracts and disrupt the traditional centralised …
Keeping the Ugg trade warm
US-based footwear and clothing giant, Deckers Outdoor Corporation, has launched 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. …
That’s a wrap for INTA 2016
We’re excited to have attended the International Trademark Association’s (INTA) Annual Meeting in Orlando, Florida last week. Members from the Wrays team joined 10,000 other delegates to hear and share latest insights from across the global intellectual property landscape. This year’s keynote address was delivered by Diane Nelson who is President of DC Entertainment (DCE). She set the scene of …
ACCC appeals fine of $1.7 million awarded for misleading & deceptive conduct of Nurofen products
By Judith Miller, Principal & Bindu Holavanahalli, Lawyer The ACCC has appealed the recent Federal Court decision to order that the manufacturer of Nurofen ibuprofen products, Reckitt Benckiser, pay a penalty of $1.7 million in respect of misleading representations made on the packaging of its Nurofen specific pain products. According to ACCC Chair Rod Sims: The ACCC will submit to the …
Patent renewals in Indonesia – a cause for concern?
By John King, Principal In most countries, patents are required to be maintained in force through payment of renewals fees, typically annually. Additionally, in most countries, patents can be abandoned intentionally, simply by not paying renewal fees when renewal falls due. However, it seems that this is not the case in Indonesia. For the reasons set out below, we recommend …
An innovative Australia and achieving success – LESANZ Conference
Wrays were pleased to sponsor and actively participate in this year’s LESANZ conference held in Sydney last week. The conference agenda explored the theme ‘Creative to Commercial – Disruption & Opportunities’ and members of the Wrays team were proud to be part of the organising committee collaborating to shape the robust agenda. The speakers covered an array of topics, insights, …