Generic and biosimilar companies often try to invalidate in-force pharmaceutical patents to pave the way for launching their generic or biosimilar products. In the recent decision of Juno Pharmaceuticals Pty Ltd v Celgene Corporation [2021] FCA 236, the respondent Celgene Corporation (Celgene) was the owner...
Seeking trade mark registration in the USA? There’s good news if your trade mark lacks distinctiveness! It is a core principle of trade marks that an application will be rejected if the mark lacks distinctiveness. That is, if an Examiner deems that the trade mark is...
𝗥𝗼𝘂𝗻𝗱 𝟰 𝗼𝗳 𝘁𝗵𝗲 𝗠𝗮𝗱𝗲 𝗶𝗻 𝗤𝘂𝗲𝗲𝗻𝘀𝗹𝗮𝗻𝗱 (𝗠𝗜𝗤) 𝗣𝗿𝗼𝗴𝗿𝗮𝗺 𝗶𝘀 𝗻𝗼𝘄 𝗼𝗽𝗲𝗻. Eligible SMEs can apply for grants between $50 000 and $2.5 million and will be reimbursed up to 50 per cent of the Eligible Project costs. Regional manufacturing projects with a value of...
A recent Australian Federal Court Decision on Design Registrations which reversed an initial decision by the Registrar of Designs has shed light on the issue of confidential disclosures by email. Background On 16 February 2015, Sun-Wizard filed a request under s63 for the Registrar to examine the registered design....
With Easter fast approaching, and eggs and bunnies tempting us everywhere we look, chocolate trade marks are front and centre of a great deal of marketing material at present! Many of our major confectionery brands have protected their non-traditional trade marks such as colour trade marks...
We are delighted and proud to announce that Michael Buck IP has been named as a winner in the Beaton Consulting + Research Client Choice Awards 2021. For the second year in a row we have won the Best Specialist IP & Related Services Firm (<$20m revenue) category. Though it has...
Key takeaways: Historically, patent marking involved physical marking of products or devices; Virtual patent marking is relatively new, and Patent Acts should be reviewed in respect of jurisdictions; For patent owners, patent marking has significant benefits including making it difficult for an infringer to argue innocent infringement where the products have ...
In Repipe Pty Ltd v Commissioner of Patents [2021] FCA 31 (Repipe No 3) the Federal Court of Australia refused Repipe Pty Ltd (Repipe) leave to file a Second Amendment Application and also dismissed the First Amendment Application. This decision supports the Commissioner’s position that amendments...
Identifying new uses to existing drugs is not uncommon. In fact, repurposing existing drugs to treat disorders other than its initially-approved indication holds real potential in providing patients options when access to other effective treatments is unavailable. When a drug is repurposed, its safety profile,...
On 12 April 2021, a new set of rules for the .au country code top level domain (ccTLD) comes into effect. All .au ccTLD domain names registered or renewed on or after this date will be subject to the new licensing rules. Currently, to be eligible...