Speeding up procedure: IP Australia announces additional reforms - 19 June 2009
IP Australia has released three further consultation papers outlining proposed reforms to the IP Rights System in Australia. Any organisation which has an interest in the processes subject to review may make a written submission to IP Australia by 17 August 2009.
Full Court confirms enantiomers patentable for 20 yr term - 17 June 2009
The Full Federal Court recently handed down its decision in H. Lundbeck A/S and anor v Alphapharm Pty Ltd (and 2 other appeals).The appeals related to a patent for escitalopram, the S-enantiomer (in this case the (+)-enantiomer) of citalopram, a selective serotonin reuptake inhibitor used in the treatment of major depressive disorder.
Facebook to offer trade mark protection in new username land rush - 12 June 2009
Users of the popular social networking website Facebook will shortly be able to customise the URL of their Facebook profile pages (eg. http://www.facebook.com/username). From 2.01 pm AEST tomorrow, existing users of Facebook will be able to select their alias on a first-come, first-served basis. Any owner of a registered trade mark should immediately notify Facebook of the trade marks which should be excluded from being claimed by Facebook users.
No Sweet Reward for Mars - 12 June 2009
The Federal Court has dismissed a case brought by well known confectionary company Mars against an Australian confectionary importer and distributor, Sweet Rewards (Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCA 606). Mallesons acted for Sweet Rewards in defending Mars’ complaints about the packaging of a chocolate coated malt ball product known as ‘Malt Balls’, which it alleged was too similar to the packaging of its popular Maltesers products.
High Court thaws on EPGs: IceTV successful in copyright case - 24 April 2009
The High Court has given a new lease of life to electronic programme guides (EPGs) in the recent case of IceTV Pty Ltd v Nine Network Pty Ltd. In a 6:0 decision, the High Court restored the first instance decision of Bennett J and found that IceTV did not reproduce a “substantial part” of Nine’s copyright work by updating its EPG from time and title information sourced initially from Nine’s weekly schedule.
‘Use it or lose it’ approach confirmed - 7 April 2009
The Full Federal Court has ordered that E & J Gallo Winery’s “Barefoot” trade mark be removed for non-use because they did not direct their wine to Australia. However, contrary to the earlier finding, it has decided that beer and wine are “goods of the same description” for trade mark infringement purposes. This decision has important consequences for all international trade mark owners and all trade mark owners who sell a broad range of goods.
Protecting a “Monster” reputation - 19 November 2008
The Full Federal Court of Australia has delivered a significant case on brand reputation in the context of “lookalike” products and famous brands. In Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCAFC 181, the Court allowed an appeal by the overseas owner of the “Monster Energy” energy drink brand in its case against an Australian copycat rival.
High Court guidance on contributory infringement by product suppliers - 22 October 2008
The recent decision of the High Court in Northern Territory v Collins provides important guidance on the meaning of the word “supply” and the phrase “staple commercial product” in contributory patent infringement proceedings.
Australia’s National Innovation Report- Key Points for Corporate Counsel - 11 September 2008
On 9 September 2008, the Federal Government released a major report on Australia’s National Innovation System. The Report was prepared by a panel chaired by Dr Terry Cutler, which included respected economists and research industry experts. This Alert identifies the specific key recommendations and issues raised by the Report which would have a legal impact on major corporations.
Enantiomer claims fail; salt claims stand - 21August 2008
In a recent decision by the Federal Court of Australia, Justice Gyles found that certain claims of Sanofi-Aventis’ (Sanofi) Australian Patent AU 597784 (AU 784) relating to the dextro-rotatory isomer of methyl alpha-5 (4,5,6,7 - tetrahydro (3,2-c) thioeno pyridyl) (2-chlorophenyl)-acetate (clopidogrel) were invalid for lack of novelty and lack of inventive step. Despite this finding however, claims relating to specific salts of the isomer were found to be novel and not obvious and consequently, were found valid.
ALRC recommends changes to regulation of health information - 12 August 2008
The Australian Law Reform Commission has recommended significant changes to the regulation of health information handling. If adopted, the recommendations would sweep away the current patchwork of overlapping and inconsistent State and Federal regulations and replace them with nationally consistent laws on health privacy.
Use it or lose it - 1 July 2008
The Federal Court recently handed down its decision in a landmark trade mark case involving E&J Gallo Winery and Lion Nathan. The decision is a timely warning to international trade mark owners to use their trade marks in Australia or risk losing them.
Full Federal Court delivers judgment in Ranbaxy v Warner-Lambert - 30 May 2008
The Full Court of the Federal Court has dismissed an appeal in Ranbaxy v Warner-Lambert, revoking Warner-Lambert’s patent for an isolated enantiomer of the cholesterol-inhibiting drug atorvastatin calcium but found that Ranbaxy’s product would infringe Warner-Lambert’s earlier patent covering the racemic mixture of the drug.
Full Federal Court overturns IceTV decision - 12 May 2008
The Full Court of the Federal Court has overturned the first instance decision of Bennett J in Nine Network Australia Pty Limited v IceTV Pty Limited [2008] FCAFC 71, finding that IceTV infringed compilation copyright in the weekly television schedules prepared by Nine in reproducing program titles and times in its electronic programming guide (EPG). This decision signals a warning against the use of information contained in a compilation copyright work.
IP generated by researchers and academics is not necessarily owned by their employer - 23 April 2008
On Thursday, 17 April 2008, Justice French handed down a long-awaited 554 page judgment in University of Western Australia v Gray (No 20) [2008] FCA 498.
How to speed up processing of your Australian or US patent application - 11 April 2008
On 14 April 2008, a 12 month Patent Prosecution Highway (PPH) pilot program commences at IP Australia and the USPTO. The PPH enables your patent application to be expedited and thus jump the queue to be considered by a patent examiner earlier than normal. It is equivalent to a request for accelerated examination in Australia or a Petition to Make Special in the USA.
Nufarm Ltd v Jurox Pty Ltd - a lesson in construction of claims - 13 March 2008
The recent Federal Court decision in Nufarm Ltd v Jurox Pty Ltd has again highlighted the importance of carefully considering the language used in the body of the specification when drafting patents.
Ralph Lauren copyright case against importer - 8 February 2008
A decision handed down by the Federal Court of Australia earlier this week demonstrates the many difficulties associated with trying to prevent the parallel importation of goods under the Copyright Act.
Changes to search results requirements - 23 October 2007
The Australian Patent Office no longer requires applicants to file the results of documentary searches due on or after 22 October 2007.
Pricing and bundling in the spotlight - 16 October 2007
Courts, regulators and governments alike are showing increasing vigilance towards certain business practices of corporations with a strong market position.
Ice TV succeeds in compilation copyright case - 14 August 2007
The Federal Court has considered the scope of compilation copyright in a recent case regarding the creation and dissemination of electronic television program schedules.
Intellectual property update - Winter 2007
ANZTPA on the backburner - New Zealand says “No” - 17 July 2007
The New Zealand government announced that the joint regulatory scheme and establishment of ANZTPA has been postponed. The main issue of contention was the inclusion of complementary medicines in the scheme.
Medicines Australia Code of Conduct - New Reporting Requirements- 2 July 2007
The Australian Competition Tribunal imposed special conditions on its authorisation of the Medicines Australia Code of Conduct, to require public disclosure of hospitality given to healthcare professionals.
NZ moves closer to approving Trans Tasman Therapeutic Goods & Devices regulator - 14 June 2007
The plan to create a Trans Tasman regulator for therapeutic goods and medical devices (ANZTPA) may be inching towards implementation.
It’s a Lockout!: Australia’s highest court gives judgment on obviousness - 25 May 2007
Australia’s High Court (Australia’s highest court), handed down its much anticipated second decision in Lockwood Security Products Pty Ltd v Doric Products Pty Ltd on 23 May 2007.
New Australian regulatory regime for internet and mobile content - 24 May 2007
The Communications Legislation Amendment (Content Services) Bill 2007 (Cth) proposes to establish a new Australian regulatory regime for media content transmitted over telecommunications networks (including mobile networks and the internet).
New Government IP Principles Issued - 11 May 2007
On 11 May 2007, the Commonwealth Attorney-General released the Intellectual Property Principles for Australian Government Agencies (IP Principles). The IP Principles establish a broad policy framework for government agencies on a range of IP-related matters, including procurement, IP management and record keeping and public access to Government IP.
ANZTPA implementation - Australian Bill released - 4 April 2007
Last night an exposure draft of the first of the Australian Bills to implement the scheme for joint regulation of pharmaceuticals and medical devices in Australia and New Zealand (ANZTPA) was released. The draft Bill is open for public comment. The deadline for submissions to the Department of Health and Ageing in relation to the Bill is 4 May.
Dilution down under: The protection of well-known trademarks in Australia - March 2006
This article was originally published by Sweet & Maxwell in the European Intellectual Property Review 2006. It considers the extent to which Australian law provides an anti dilution remedy for the protection of well known trade marks.
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