Don’t be fooled by the name and believe that if you are not involved with the ‘licensing’ of intellectual property that the Licensing Executives Society (LES) is not relevant for you or your business. Anyone seeking to extract value from or trying to leverage their IP assets for the benefit of their business will find value in what LES has …
The IP Perspective with Chris Juhasz
Ever since it premiered, The Matrix film has been prompting movie-goers to question whether humanity is indeed, unknowingly trapped inside a simulated, virtual reality (to distract us from, for example, our bodies being used as batteries). Of course, such a question has been on at least some minds for centuries. In this regard, fellow students of philosophy, and particularly those …
Changes to the Singaporean Examination Pathway
On 1 January 2020, the Intellectual Property Office of Singapore (IPOS) will be closing the Supplementary Examination Pathway. The changes will affect patent applications filed on or after the closure date including: National patent applications filed on or after 1 January 2020 PCT applications entering the national phase in Singapore with an international filing date on or after 1 January …
Cannabis Trade Marks No Longer up in Smoke
In 2017, the global medical cannabis market was estimated to be worth more than US $11 billion and is expected to grow to approximately US $37 billion by 2023. The Australian industry has begun to bloom with more than 20 medical cannabis-related companies listed on the ASX in 2018. Market intelligence firm Pitcher Partners valued the Australian medical cannabis market …
Changes to ACL in Relation to Supply of Gift Cards
New Commonwealth laws regarding gift cards came into effect on 1 November 2019 by way of amendments to the Australian Consumer Law (ACL). The relevant provisions provide that: gift cards must have a minimum three year expiry period; information about the expiry of the gift card must be displayed prominently on the card itself; and terms cannot allow certain post-supply …
Greater Choice and Control for Consumer Data
Following the recent introduction of the Consumer Data Right regime (CDR Regime) into the Competition and Consumer Act 2010 (CCA), the Office of Australian Information Commissioner (OAIC) published draft Privacy Safeguard Guidelines in October 2019. The draft guidelines set out the OAIC’s understanding and interpretation of the privacy safeguards and the relevant Consumer Data Rules. Background The CDR Regime is …
First in Best Dressed?
What happens when two people apply for exactly the same trade mark in relation to the same goods and services only one day apart? Three sets of opposition proceedings and more than 2 years later the answer is clear (it always was): the first person to use the mark in Australia is the “true owner” and it’s that person who …
Successful Commercialisation of Your MedTech Innovation – Event Summary
Thanks to our good friends at PwC for hosting our joint breakfast event last week, where we continued to explore the successful commercialisation of MedTech innovations in WA. Carel Smit led the discussion, drawing on the valuable experiences of our panellists Sheryl Frame and Dr Matthew Oldakowski who highlighted the need to validate innovative ideas early, the challenges of raising …
Federal Court Fails to Clarify Test for Patentability of Software Inventions in Australia
As we reported in our update last Friday, 13 September 2019, an enlarged Full Bench (five judges) of the Federal Court of Australia handed down its much-anticipated judgement in the appeal case Encompass Corporation Pty Ltd v. InfoTrack Pty Ltd [2019] FCAFC 161, in which it upheld the finding of the primary judge that the patents in suit do not …
Is your product protected by geographical indications?
Camembert, Prosciutto, Cognac and Scotch Whisky are just some of the products affected, so if you produce these (or just enjoy them!) this will be of interest to you. The European Union (EU) is one of Australia’s largest trading partners, so why do we currently have limited access to EU markets, and how can this be improved? The answer and …