In Australia, it is possible to extend the term of a patent beyond 20 years provided that certain conditions are met. The Administrative Appeals Tribunal’s (AAT) decision in AbbVie Biotechnology Ltd v Commissioner of Patents [2016] AATA 682 has clarified that term extensions are available for a broader class of patents for biologic pharmaceutical products than non-biologic pharmaceuticals. This decision …
Australian innovation best placed to win
On the horns of a dilemma Over the last two decades, Australia has welcomed uninterrupted economic growth which has resulted in improved living standards, better health outcomes, higher incomes and a growing investment in the environment, education and community. The Organisation for Economic Co-operation and Development (OECD) have defined Innovation as the implementation of a new or significantly improved product …
LYRICA®: Timing of a PBS application
(Apotex Pty Ltd v Warner-Lambert Company LLC (No 3) [2017] FCA 94) The recent decision of Apotex Pty Ltd v Warner-Lambert Company LLC (No 3) [2017] FCA 94 (Apotex No 3) highlights the importance of the timing of an application to list a generic pharmaceutical product pursuant to the Australian Pharmaceutical Benefits Scheme (PBS). Apotex No 3 arises from a …
Trans-Tasman IP Attorneys
Under the 2009 Single Economic Market (SEM) agenda, the New Zealand and Australian Governments agreed a joint work programme to remove regulatory barriers to IP attorneys and firms operating in both markets. The key intellectual property outcome under the SEM agenda was the development of a single regulatory framework for patent attorneys in Australia and New Zealand with the same …
Productivity Commission’s final report on IP now released
Australia’s IP Arrangements “fall short”, Copyright owners have it too good (?) and do away with the Innovation Patent! The Productivity Commission’s long awaited final report into Intellectual Property was released by the Government yesterday and with a final consultation period that closes on 14 February 2017, we still have some time to go before seeing any real outcomes. The …
Federal Court of Australia issues new practice note
The Federal Court of Australia has recently released its new suite of practice notes, effective immediately, as part of its National Court Framework Reform initiative. One of those practice notes is Intellectual Property Practice Note IP-1 (IP-1), which can be found here. Under the above initiative, National Practice Areas (NPAs) were created, one of which is Intellectual Property. The Intellectual …
Stolen business ideas – Wrays’ chairman Gary Cox shares his insights into IP protections
New product innovations forged by small business owners are being replicated by corporations every day in Australia. This week Wrays’ Chairman, Gary Cox, sat down with Nina Hendy from The Age to share his insights into the IP protections to put in place to minimise risk. “Business owners must never cut corners when it comes to legal protections or shy …
Creating effective strategies that deliver agility at Chief Strategy Officer Summit
Wrays were pleased to sponsor this year’s Chief Strategy Officer Summit on Tuesday 6 and Wednesday 7 September at the Sheraton on the Park in Sydney. The Summit explored the latest strategic trends, challenges and process within the corporate nexus. The summit’s program allowed executives to hear how leading organisations evolve, ensuring objectives are consistently achieved in this ever changing …
Strategic thinking needed in patent enforcement
The recent case of CQMS Pty Ltd v Bradken Resources Pty Limited [2016] FCA 847 has highlighted the importance of carefully considering how to assert the rights provided by an Australian patent. Unjustified Threats The Australian Patents Act 1990 contains provisions intended to prevent patent holders, or those applying for patents, from making unjustified threats of patent infringement against others. …
Corporate innovators use data science to grow
By Jonathon Wolfe, Director – Wrays Solutions Australia is well placed to capitalise on digital disruption. Efficient and proven data science methods combined with strong strategic rationale will allow Australian companies to proactively build new and innovative services – leveraging our national competitive advantages and people. The wave of digital disruption facing service based economies like ours is a significant …