In most intellectual property litigation in Australia, an order is made at a relatively early stage that issues of liability be determined separately from and prior to issues of quantum of any relief. While there are good reasons for the making of such an order, it does mean that a finding that a valid IP [...]
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Since 2005, the first inclusion of a generic medicine in the Pharmaceutical Benefits Scheme (PBS) has resulted in an automatic 12.5% price reduction in the government subsidy of all medicines of that type, including the original listing. This factor has become increasingly significant in applications for interlocutory injunctions in pharmaceutical patent litigation, as illustrated by [...]
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While Australia has had a new Designs Act for over four years now, the previous Designs Act 1906 still has a significant role to play in respect of designs registered under that act. Caroma Industries Ltd v Technicon Industries Pty Ltd [2008] FCA 1465 illustrates the breadth of the infringement provisions of the 1906 Act. [...]
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IP Australia and the USPTO have entered into an arrangement that will see IP Australia act as an international search and examination authority for certain international patent applications filed with the USPTO. The arrangement comes into effect on 1 November 2008 and will allow US applicants to choose IP Australia to undertake the initial search [...]
Click here to see the full post Section 105 of the Patents Act empowers the Court to direct amendment of a patent which is the subject of pending legal proceedings, including at the request of the patentee. The course of patent litigation may give rise to many good reasons for considering amendment to the patent in suit, however any decision to do [...]
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A number of recent Federal Court decisions have highlighted the importance of correctly identifying inventors and owners in the context of patent applications. Anakin Pty Ltd v Chatswood BBQ King Pty Ltd [2008] FCA 1467 illustrates the importance of clearly identifying ownership in the context of Trade Mark rights. The first applicant and registered trade [...]
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