The importance of considering whether a patent should be amended prior to any Court proceedings being commenced has been reinforced by the decision of Bennett J in Apotex Pty Ltd v Les Laboratoires Servier (No 2)[2009] FCA 1019. Servier had initially applied to amend its then patent application under section 104. The amendments were allowed and [...]
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The Intellectual Property Office of New Zealand (IPONZ) has introduced a new status for trade mark applications called “45 – Ready for examination”. Given trade mark applications are typically examined within five working days, applications are unlikely to have the new status for long.
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In Australian Climate Exchange Ltd v Chicago Climate Exchange Inc [2009] ATMO 60 the Trade Marks Office considered the nature of use that a party must show to establish that it has a valid claim to ownership of a trade mark as well as the ground of opposition under section 58 of the Trade Marks Act 1995 relating to lack [...]
Click here to see the full post Cantarella Bros Pty Limited (“Cantarella”) has successfully opposed a trade mark application for an image of a cup of coffee (as shown below) in respect of coffee, coffee extracts, coffee-based preparations and beverages and various other goods in Class 30 filed in the name of Société des Produits Nestlé S.A. (“Nestle”) in Cantarella Bros Pty Ltd [...]
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The Advisory Council on Intellectual Property (ACIP) has released a paper outlining options for reforming the legal tests for patentable subject matter. The options proposed by ACIP include modernising or replacing the existing test for patentable subject matter. Some of the options have the intent of allowing researchers and innovators greater clarity and transparency when it [...]
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The decision in Intelmail Explorenet Pty Limited v Vardanian (No 2) [2009] FCA 1018 again illustrates the difficulties which can arise where ownership of employee or contractor generated intellectual property is not adequately addressed by express contractual terms. Dilanchian, the controlling shareholder of Intelmail, had for many years operated a business involving the manufacture, sale and servicing of [...]
Click here to see the full post The New Zealand Court of Appeal has affirmed the decision by the Assistant Commissioner and the New Zealand High Court to dismiss Intellectual Reserve Inc’s trade mark opposition in Intellectual Reserve Inc v Sintes[2009] NZCA 305. The appellant, Intellectual Reserve Inc, is the owner of a number of trade mark registrations for either the word mark [...]
Click here to see the full post IP Australia has announced that patent applications for environmentally friendly technologies can be fast-tracked.
Click here to see the full post Berenger Blass Wine Estates, now known as Foster’s Wine Estates Limited (Fosters) has successfully opposed a trade mark application for REGIONS in respect of alcoholic beverages including wine in Class 33 filed in the name of Andrew Harris (Harris) in Blass Wine Estates v Andrew Harris [2009] ATMO 52 (9 July 2009). The only ground of opposition [...]
Click here to see the full post In a case having significant implications for academic institutions, the Full Federal Court in University of Western Australia v Gray [2009] FCAFC 116rejected the claim that the University of Western Australia owned the rights to inventions made by one of its academics, upholding French J’s first instance decision in University of Western Australia v Gray (No 20) [2008] FCA [...]
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