Category Archive

Australian Court Targets Non-Parties in Landmark Disclosure Case In all litigation, there is an important distinction between what you know and what you can prove. Evidence is key. But parties rarely start litigation with all the evidence required to prove their case. The court has many processes that assist parties gather evidence. The most common process is discovery: this can …

The Implications for Innovation and Intellectual Property The Australian Federal Budget (Budget) announced on 25 March 2025, contains several measures that are poised to impact the intellectual property (IP) sector. While the Budget primarily emphasises personal income tax cuts and cost-of-living relief, certain provisions have direct and indirect implications for IP, innovation, and technology industries. 1. Future Made in Australia …

Have Your Say on the Government’s Strategic Examination Key points The Australian Government has commissioned a strategic examination of Australia’s R&D system. The purpose of the examination is to determine how Australia can increase the value and impact of investments in Australian R&D. A discussion paper has been published, and feedback is open until April 11, 2025. Insights into the …

Australia’s Move to Protect Indigenous Cultural and Intellectual Property It has long been acknowledged that current intellectual property systems are not sufficiently adapted to protect indigenous cultural and intellectual property (ICIP). ICIP includes a broad range of practices, expressions, and knowledge systems, including dance, languages, designs, and art as well as traditional medicines, foods, and biological/ecological knowledge. The Australian Government, …

The Duchess of Sussex and the Journey to a Registrable Brand Meghan, the Duchess of Sussex has been the subject of enormous scrutiny since her marriage to Prince Harry, fifth in the line of succession to the British throne. This attention has only intensified since the couple stepped down as working members of the royal family, relocated to the United …

Protecting Brand for Longevity With a history spanning over 100 years (only a few years short of our own firm, Wrays, which turns 105 this year) this little jar of goodness has been a staple in Australian households and is not only rich in B Vitamins – but also rich in IP history.  In this article, we explore how Vegemite …

Overcoming Challenges and Leveraging Smart Farming Innovation With an objective of reaching A$100bn agritech output by 2030, Australia’s agricultural productivity can be expected to increase significantly. But how is this to be achieved efficiently? A closer look at the growing role of ‘smart farming’ and the associated technological, intellectual property, and regulatory challenges provides insight into the path forward. Defining …

Is the inventive step threshold for antibodies in Australia designed to stifle innovation? Introduction Antibodies have become significant therapeutic treatments for a broad range of diseases including cancer, inflammatory conditions and infectious diseases. This antibody success story, which includes blockbuster drugs such as Humira (AbbVie) Keytruda (Merck) Opdivo (BMS/Ono Pharmaceutical, Infliximab (JnJ/Janssen) and Dupixent (Sanofi) has turbo-charged the development of …

The Importance of Due Diligence in Brand Searches A string of recent decisions from the Australian Federal Court has emphasised the importance of undertaking due diligence trade mark searching before launching a new brand. Not taking the necessary steps to determine availability of the mark may compromise not only a trader’s ability to rely on honest concurrent use provisions in …

Australia’s Emergence in the Semiconductor Sector Semiconductors are the backbone of modern technology, and Australia is stepping into the spotlight in this critical field with its high-quality research and niche capabilities in telecommunications, healthcare, and quantum technologies. In our latest article, semiconductor expert Phil Burns explores Australia’s thriving semiconductor sector and analyses the patent trends in high-impact areas. Drawing on …