In-N-Out Burgers, Inc. v Hashtag Burgers Pty Ltd [2020] FCA 19 Sydney-based business Hashtag Burgers Pty Ltd has been back in Court this month, defending the use of “Down-N-Out” on its burgers and restaurants. The trade mark battle with US brand In-n-Out Burger earlier determined that...
IP Australia’s Australian Intellectual Property Report 2020 reveals that Australians increased their overseas patent filings in 2019 by three per cent. As many readers would be aware, the World Intellectual Property Organization (WIPO), administers the Patent Cooperation Treaty (PCT). Under the PCT a single international application...
[caption id="attachment_25592" align="alignright" width="306"] Photo created by aleksandarlittlewolf - www.freepik.com[/caption] The Australian Patent Office has recently re-affirmed in Ono Pharmaceutical Co., Ltd. et al [2020] APO 43 that a request for a pharmaceutical patent term extension (PTE) must be based on the earliest first regulatory approval...
The United Kingdom (UK) officially left the European Union (EU) on 31 January 2020 and then entered into a transition period. Owners of European trade marks and/or designs are reminded that the end of the Brexit transition period is fast approaching. From 1 January 2021 any...
The rules regarding patent amendments for Australian amendments change once the patent has undergone substantive examination and stands accepted. The same changed rules also apply after the grant of an Australian Patent. Unlike some other major jurisdictions such as Europe and the USA which allow a patent to be opposed within a...
[caption id="attachment_25293" align="alignright" width="200"] Photo by Sharon McCutcheon on Unsplash[/caption] A Pharmaceutical Patent Term Extension is an option that is available to eligible patentees in Australia and is intended to restore a portion of the patent term that is lost while the pharmaceutical product awaits regulatory approval. Under Australian...
Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) What happened in the first instance? Ceramiche is a tile manufacturer based in Italy. Their “CAESAR” trade mark has been used in Australia since 1988 and was registered in Australia since 2004 for “ceramic tiles...
In October 2019, anonymous artist Banksy set up pop-up shop Gross Domestic Product in Croydon, south London in response to an invalidity action filed against a trade mark. “A greetings card company is contesting the trademark I hold to my art,” Banksy said in a statement....
With more people shopping online than ever, consumers are relying on online retailers and service providers for their purchases. Unfortunately, the convenience of online shopping comes with challenges; the costs to Australian businesses due to counterfeit products are increasing. The Australian government hopes to promote confidence in...
Further to our previous updates regarding IP Australia and the COVID-19 pandemic, IP Australia has decided to extend the deadline for requesting extensions of time when a deadline cannot be met due to COVID-19. The deadline has been extended to 31 October 2020. To reiterate, IP...