Authors: Andrew Butler and David Chin, Principals How does BMS v Apotex affect your patent licence? Following the recent Full Federal Court decision in BMS v Apotex, David Chin and Andrew Butler note that it makes sound business sense to review your organisation’s exclusive licences to confirm that they accord with your IP and corporate strategies. Any reservation of rights …
Champagne and Champagne Jayne
According to very romantic French legend, in the 17th century, Dom Pierre Perignon first crafted champagne and called to his fellow Benedictine monks “Venez vite! Je bois des etoiles!” (“Come quickly! I am drinking stars!”) Some 300 years later, the France-based Comite Interprofessionnel du Vin de Champagne, which protects the interests of wine producers and growers from the Champagne region, …
The APP STORE TM in Australia: Expert evidence as argument and the utility of survey evidence in trade mark registrations
Apple tried to file a trademark registration for the name APP STORE in Australia back in 2008. The company has famously been using the term for the digital distribution marketplace exclusive to their devices/operating systems, and tried to get the name registered under Classes 35 (Advertising; business management; business administration; office functions), 38 (Telecommunications.), and 42(Design and development of computer …
Innovation in Resources as a Megatrend
Author: Peter Caporn, Principal The application of new technologies in the resources sector has been identified as a key element in one of 5 “megatrends” in a report titled “Megatrends 2015 Making sense of a world in motion” and published by EY. New technologies are allowing access to previously unavailable resources and have the potential to impact future supply in …
Use of R Symbol: A Nasty Export Risk
The Registered Trademark Symbol or ® means that the brand that it is attached to is a service or trade mark that has been registered with a national trade mark office. Like the trade mark (™) symbol, use of this
Hugo Boss v Sasalili Oxford Fia: The Strategy of Policing Luxury Brands
The Federal Court of Australia has recently awarded both compensatory and additional damages in the Hugo Boss Trade Mark Management GmbH & Co Kg v Sasalili Oxford Fia case. Exemplary damages were introduced into the Australian Trade Marks Act in April 2013.
Allusory Gold: High Court guidance on when foreign words can be registrable as trade marks in Australia
Author: Tim Francis, Principal In September 2013, the Full Federal Court of Australia found that the trade marks ORO (Italian for ‘gold’) and CINQUE STELLE (Italian – for ‘five stars’) were not registrable as due to a lack of distinctiveness. Those marks were originally registered in respect of coffee and various other goods, and the Full Federal Court held that, …
The Congress of Vienna 1814: 200 Years of Copyright Lobbying
The 100th anniversary of the commencement of World War 1 has, quite understandably, overshadowed another, older anniversary: 200 years since the outbreak of peace, manifested in the form of the Congress of Vienna. The principle purpose of the Congress of Vienna was for the victors of the Napoleonic Wars to work out what to do with European’s re-drawn borders. Napoleon …
A Summary of the New Legislation in New Zealand
The following presents a general summary of some, but not all of the changes made to the New Zealand Patents Act. It is not intended to replace legal advice.
The Price of New gTLDs (Generic Top Level Domains)
Last September 17th, the Internet Corporation for Assigned Names and Numbers (ICANN) held an auction for 3 new generic top level domains (gTLDs); namely .BUY, .TECH, and .VIP. The results of the auction are as follows: .buy was won by Amazon-EU S.a.r.l for $4,588,888, beating out 3 other applicants .tech was won by Dot Tech LLC for $6,760,000, beating out …