Australia has a strong history of world-leading R&D and commitment to innovation. Refrigeration, heart pacemaker, black box flight recorder, ultrasound, cochlear implants, spray on skin, WIFI, and the bionic eye all came out of Australia. And let’s not forget Vegemite, the Hills Hoist, the wine cask the box kite and Australian Rules Football too! We are fortunate to be home …
A unique approach to patents
One of the greatest perceived barriers to obtaining a patent in Australia is the cost and time involved. However, Australia has a unique two-tiered patent system which can fast-track obtaining patents, and potentially postpone the post-filing cost of prosecuting the patent indefinitely. Our system comprises ‘standard patents’, which last up to 20 years, and ‘innovation patents’ which have a maximum …
Battle of the brands: Nirvana sues Marc Jacobs for copyright
The estate of band Nirvana is suing fashion designer Marc Jacobs, along with Saks and Neiman Marcus, for copyright infringement following the release of their “Redux Grunge” collection. The collection was created to pay tribute to the infamous grunge era and features a t-shirt using the iconic Nirvana smiley face logo. Jacobs filed a notice of dismissal, arguing that the copyright …
New restrictions on contractual rights to terminate for insolvency
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 …