The decision of Dowsett J in Occupational and Medical Innovations Ltd ACN 091 192 871 v Retractable Technologies Inc [2008] FCA 1102, has highlight an apparently significant restriction in the operation of section 125 of the Patents Act. Section 125 allows a person to apply to a Court for a declaration that the exploitation of [...]
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IP Australia and the United States’ Patent and Trademark Office (USPTO) have announced an agreement that will see IP Australia act as an international search and examination authority for international applications filed with the USPTO under the Patent Cooperation Treaty (PCT). US PCT applicants can now choose IP Australia to undertake their initial search and [...]
Click here to see the full post The Advisory Council on Intellectual Property is conducting a review of what types of subject matters should be able to be patented in Australia and whether the law is meeting the country’s needs. It has released an Issues Paper [PDF] which requests that written responses to the questions in the paper and any other comments [...]
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Gyles J in Gillette Company v Schiavini [2008] FCA 1053 has confirmed the longstanding view that mere importation is use as a trade mark such as to constitute an infringement of a trade mark proprietor’s rights.
Click here to see the full post The long awaited New Zealand Patents Bill having key provisions substantially modeled on the Australian Patents Act has been introduced into the New Zealand Parliament. It is expected that the first reading of the Bill and referral to the Select Committee should occur within the next few months. Once the Bill has been referred to [...]
Click here to see the full post In the decision of the Full Federal Court of Australia in IGT (Australia) Pty Ltd v Aristocrat Technologies Australia Ltd [2008] FCAFC 131 Justice Gyles has thrown doubt on the correctness of the approach adopted by the Commissioner and the Federal Court on appeal under section 60(4) with respect to the Opponent’s onus in pre-grant [...]
Click here to see the full post The decision of Jessup J in Sherman v Commissioner of Patents [2008] FCA 1026 concerns an appeal from a patent opposition, the Commissioner being a party as a result of the withdrawal of the original opponent. The Commissioner had filed an affidavit exhibiting a citation relied upon for the finding that the claims lacked novelty [...]
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In Boyapati v Rockefeller Management Corporation [2008] FCA 995, Kenny J considered, amongst other causes of action, a claim for infringement of copyright in a series of tests designed to prepare candidates for the Undergraduate Medicine & Health Sciences Admission Test (“UMAT”). There was little doubt that the respondent, also engaged in the business of [...]
Click here to see the full post Jemella Australia Pty Ltd v MacKinnon [2008] FCA 1022 relates to a Customs seizure and an application for an extension of time under section 137 of the Trade Marks Act. It appears that the 10 day period for instituting infringement proceedings is rigid and that if any extension is sought it must be applied for [...]
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