(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...
MBIP is currently acting for an applicant in opposition proceedings, where the opponent has filed close to 5,000 pages of supporting evidence – much of which is irrelevant (some showing only completely unrelated brands). Clearly a strategy intended to overwhelm, the volume of evidence filed...
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...
The Federal Court of Australia in Merck Sharp & Dohme Corp. v Sandoz Pty Ltd [2021] FCA 947 has provided further guidance regarding patent term extension (PTE). Patent Term Extension Australian patent law allows an extension of term, for up to five years, on patents that cover...
A recent Full Court decision (Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd [2021] FCAFC 65) has highlighted some of the problems associated with relying on the reasonable trial provisions under Australian Patent Law. The Patents Act 1990 (Cth) and regulations provide patentees with certain...
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...
