Last week Wrays was pleased to take part in neXTek, a one day forum including exhibitions, talks, workshops, short courses and networking aimed at providing an insight into the best technology available, current innovations, and what’s on the horizon in the resources industry. Wrays’ Principals Peter Caporn and Albert Ferraloro, in partnership with the Resources Innovation Group (RIG), presented a …
The power of design registrations
By Tim Francis, Principal & Andrew Mullane, Senior Associate Registered designs are sometimes overlooked in favour of their patent and trade mark cousins. However, the Federal Court’s latest decision on designs, which was handed down on 8 July 2016 in Hunter Pacific International Pty Ltd v Martec Pty Ltd [2016] FCA 796, not only reminds us of the important role …
Productivity Commission’s draft report on IP – possible impact on the pharmaceutical industry
By Penny Farbey, Senior Associate The Productivity Commission has released its draft report into Intellectual Property Arrangements. Several recommendations in the report could, if accepted and implemented, have a profound impact on the pharmaceutical industry. The recommendations could cause: The inventive step bar to the grant of patents to be raised further. Uncertainty as to the patentability of certain inventions. …
Privacy: serious data breach notification laws on their way
By Laura Tatchell, Associate After years of lobbying, law reform recommendations and government promises the Australian government has released a draft bill entitled Privacy Amendment (Notification of Serious Data Breaches) Bill 2015. The controversial bill imposes mandatory serious data breach notification obligations on entities governed by the Privacy Act includes businesses with a turnover of more than $3 million, government …
Brexit – an IP perspective, where to now?
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. …