Early last week the Federal Court granted two interlocutory injunctions to restrain alleged patent infringement in Alphapharm Pty Limited v Wyeth[2009] FCA 945 and Medrad Inc v Alpine Medical Pty Ltd [2009] FCA 949.
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Monthly Archives: August 2009
Patch extension scratched
The Patent office decision in LTS Lohmann Therapie-Systeme AG and Schwarz Pharma Limted [2009] APO 16, rejecting an application for an extension of patent term, highlights the care which must be taken in drafting claims to drug delivery systems such a transdermal patches if such an extension is to be successfully obtained.
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Submissions sought on patent enforcement recommendations
The Australian Advisory Council on Intellectual Property (ACIP) has released an interim report outlining measures to assist inventors to enforce their rights and is seeking written submissions by 30 September 2009.
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Foster’s Fiji fight founders
IPONZ has rejected an opposition by Foster’s Group Pacific Limited to the registration of the trade marks shown below filed in the name of Flour Mills of Fiji Limited in Flour Mills of Fiji Limited v Foster’s Group Pacific Limited[2009] NZIPOTM 15.
Click here to see the full post Beware of unsolicited “renewal” notices
The Australian Competition and Consumer Commission has issued a timely reminder that trade mark and domain name owners should exercise caution before paying what appear to be renewal notices. There are a growing number of services issuing documents that look like invoices for listing registrations in registers that offer no benefit to owners. Recipients of such notices [...]
Click here to see the full post Shape TM survey evidence – Useful as a chocolate teapot?
The decision of Sundberg J in Chocolaterie Guylian N.V. v Registrar of Trade Marks [2009] FCA 891 has upheld the Trade Marks Office’s rejection of Guylian’s application to register the shape of its seahorse chocolate as a trade mark.
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IP Australia issues two further consultation papers
Further to our last post on this issue, IP Australia has issued two further consultation papers inviting any interested parties to make a written submission by 16 October 2009. The first paper discusses proposals for improving the flexibility and time frames of the patent examination process. The second paper discusses proposals to remove unnecessary differences, to improve certainty and [...]
Click here to see the full post Shape trade mark on the nose
A refusal by IPONZ to register the shape trade mark shown below has been upheld by the Assistant Commissioner in Noms De Code Societe Par Actions Simpliefiee’s Appln [2009] NZIPOTM 16. The application was filed in class 3 for goods including “perfumes” and was accompanied by the explanation “the mark consists of a three-dimensional shape of a [...]
Click here to see the full post Golden Bear no match for “killer koalas”
The Trade Marks Office has rejected Nicklaus Companies LLC’s opposition to the registration of the trade mark shown below filed in the name of Michael Randazzo in Nicklaus Companies LLC v Michael Randazzo [2009] ATMO 63.
Click here to see the full post TMO gives ENO owner indigestion
The Trade Marks office has rejected Beecham’s opposition to registration to three trade mark applications in the name of ADM consisting of or containing the word ENOVA in Beecham Group Plc v ADM Kao LLC [2009] ATMO 61.
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