(Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021) Following our update on the upcoming changes to the legislation that governs registered designs in Australia in February of this year (see here), the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (the Act)...

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2021] FCA 1094 The ongoing case involving the FINISH Powerball trade mark demonstrates the ramifications of a business not being aware of their competitor’s brands and reputation, prior to launching their own brands and products...

There is an exception to the limited costs allowed in Australian opposition proceedings we discussed in our earlier opinion piece/blog article where an opponent to non-use proceedings has furnished the removal applicant with a ‘certificate of use of a trade mark’ at or before filing...

With the phase out of the innovation patent in Australia, inventors must now rely on a standard patent to protect their inventions.  There are a few differences between a standard patent and an innovation patent.  For example, a standard patent provides a longer term protection...

As we wrote in our article earlier this year, the last day for applicants to file new, non-divisional applications for innovation patents was 25 August 2021. However, that is not necessarily the end of new innovation patent filings. New innovation patent applications can still be filed...

If you’ve developed a new product or process, chances are that you have some valuable intellectual property (IP) in your business. During this online event we’ll outline how you can grow your business  by identifying and making the most of your IP. Intellectual Property can be a complex...

Supporting Sunny Coast health since 1998 Undergoing surgery, rehabilitation and other ongoing medical treatments can be difficult at the best of times let alone during a pandemic. Wishlist is a not-for-profit charity which aims to make hospital experiences better by improving care and creating special programs...

If you have an appreciation for wining and dining, you are likely to be familiar with many names that are protected by Geographical Indications. Think Tequila, Sherry, Prosciutto di Parma, Columbian Coffee, Feta – and of course my favourite – Champagne 😊  and you will realise...

Aside from the invention itself, the deadlines for conducting certain acts or paying certain fees are the most important aspect of a patent application as missing one deadline could lead to irreversible catastrophe for the applicant and the attorney handling the matter. Many countries utilise a...

We are now just a little over six weeks away from the final day that applications for new innovation patents can be filed. After 25 August 2021, it will no longer be possible to file applications for new innovation patents in Australia. Existing IP rights...

If you’ve designed or developed something that looks unique it’s worthwhile considering how you can best profit from your efforts. Design protection stops others from copying the visual appearance of your product. In Australia, design protection can be obtained for up to ten years. Design protection covers the...

Procuring patent protection for new medical devices and equipment is well known and the legal principles for achieving such protection for novel and inventive devices are relatively similar across major international jurisdictions. However, for the category of patentable inventions includes methods or processes which involve...

The Full Federal Court of Australia, in Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101, has unanimously upheld the decision that a method of detecting cell-free fetal DNA (cffDNA) in the plasma and serum of pregnant women is patent eligible subject-matter. Background In Sequenom, Inc. v...

Michael Buck IP has bolstered its leadership team by promoting trade marks attorney Geraldine Rimmer to Principal.   Geraldine has been an attorney for 20 years. She began her career as a solicitor completing an Articles of Clerkship at a general practice law firm and then went...

As Trade Marks Attorneys far and wide will attest, trade marks which have no descriptive significance are not only easier to register, they also provide the strongest enforceable rights for brand owners. It is always best to choose a distinctive brand for a business. Owners of...

I find it very rewarding to assist clients in identifying, protecting and managing their trade marks.  As I am working exclusively in the trade marks world, I thought it might be helpful to share here some common questions and myths that arise in my day-to-day...

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