Crocs – from Ugly Duckling to Swan

The fact that the footwear known as “Crocs” is described as a foam clog perhaps says it all. It’s the shoe that people seem to love to hate or hate to love. The design makes sense once you know that Crocs clogs were developed as a boating shoe. The closed top avoids stubbed toes and the holes are for easy …

Wrays Marketing Industry Insights, Insights

Australian Made Week: Celebrating an Australian Icon

This week (6-12 June) is Australian Made Week, a time to celebrate and support Australia’s local makers and growers all around the country. Australian Made Week features events across a number of industries, including technology, Indigenous business, agriculture and e-commerce. Consumers will be encouraged to prioritise purchasing Australian made products and to actively seek out the Australian Made, Australian Grown …

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Admissibility of post-filing data in different jurisdictions

The admissibility of post-filing data varies across jurisdictions, making its effectiveness subject to national patent office rules. Join our panel as they discuss these differences and the impact they have on the strategy of patent prosecution in different jurisdictions. In Europe, post-filing evidence can be used to counteract inventive step objections at the EPO (T939/92 and T1329/04), and in limited …

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Potential Higher Penalties for Breaches of the Franchising Code of Conduct

The Franchising Code of Conduct (Code) is a mandatory industry code across Australia that regulates the conduct of franchisors and franchisees towards each other. The Code regulates many aspects of the franchising relationship, including pre-contractual and ongoing disclosure requirements, resolution of disputes, and procedures for ending a franchise agreement. The Code also requires current and prospective franchisees and franchisors to …

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New Zealand IP Filing Trends

The following article provides an update on IP filing trends in New Zealand over the last 4 calendar years, from CY2016 to CY2020. Interestingly, total patent applications filed by both foreign and local NZ residents have remained largely steady while patent applications filed by only local NZ residents have actually decreased. New Zealand-based appliance company, Fisher & Paykel and Californian-based …

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Trade Marks – An Amplifier or a Shock Absorber for Exporters?

A recent report from IP Australia’s Office of the Chief Economist has considered the role of trade marks on the export behaviour of 9,000 Australian manufacturers spanning the period 2005 to 2017, when faced with sudden changes to market conditions. Three export behaviours including entry to an export market, export revenue and the diversification of products offered to the export …

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An Update on Australia’s Modern Manufacturing Strategy

The following article provides an update on the Australian Government’s Modern Manufacturing Strategy and how the funding initiatives can aid businesses in this modern manufacturing sector. What is it? The Modern Manufacturing Strategy (the Strategy) is the Australian Government’s action plan for Australia to be recognised as a reliable, high-quality and sustainable manufacturing nation. The Strategy is aimed to not …

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Patents Undone by a Sales Pitch and a Gelatine Hand

Not All Grace Periods Are Created Equal What’s a Grace Period? The Australian Patents Act 1990 and regulations provides a number of circumstances in which a ‘grace period’ can be relied upon in a defence to alleged lack of novelty and/or inventive step. That is, there are some things that you can do with your invention before you file a …

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The Canadian Sequel to an Australian Decision

Last year, the Australian Federal Court issued its decision concerning the Prevnar 13 vaccine in Merck Sharp & Dohme Corporation v Wyeth LLC [2020] FCA 1477 (Prevnar 13 AU). This year, the Federal Court of Canada decided very similar questions in Merck Sharp & Dohme v Wyeth Canada Inc 2021 FC 317 (Prevnar 13 CA). While the cases are interesting …

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