The courtroom battles and the future of the vaccine technology The Covid-19 pandemic may be officially over, but the battle surrounding the technologies developed in response to the pandemic continues in courtrooms and patent offices worldwide. As the technology is adapted to address divergent diseases, the demand for new vaccines persists, leading to an ongoing surge in patent filings and …
New WIPO Treaty
A small first step in the protection of Indigenous traditional knowledge The World Intellectual Property Organisation (WIPO) in May 2024, after almost 25 years of negotiations, approved a historic new treaty on intellectual property, genetic resources and associated traditional knowledge. In particular, the new treaty seeks to import a requirement on prospective patent applicants to disclose the country of origin …
The Rise of the ‘Dupes’
How close is too close? In this era of beauty influencers, filtered photographs, and an endless array of luxury cosmetic and skincare products marketed at high price points to achieve “the perfect look”, it is no wonder that the market for cheaper “copycat” cosmetic products is on the rise. In fact, selling products that are “inspired” by more expensive luxury …
Sound Strategies
A Look at Some of Most Loved Jingles and Sound marks on the Australian Trade Marks Register In 1974, McDonald’s, also fondly known in Australian slang as “Macca’s”, engaged an advertising agency to assist with creating an ad campaign to promote its BIG MAC burger which led to the creation of the jingle ‘two all-beef patties, special sauce, lettuce, cheese, …
Payers v Players
The trade mark and pay disputes of Australian Netball What do the names Thunderbirds, Swifts, Firebirds and Fever all have in common? They are the names of some of the Australian Super Netball teams. What about the Diamonds? That’s the nickname of the Australian national netball team – the Australian Diamonds – which represents Australia in international netball tournaments. The …
Property Wars
Real Estate Agents Clash over Brand Ownership Two recent trade mark decisions recently handed down by the Federal Court of Australia have had contrasting results. Both consider the impact that elements of a mark that are descriptive or common to the trade have on assessing deceptive similarity for the purposes of trade mark infringement, and both consider whether there was …
Battle of the Homewares
Inside the Trade Mark Decision of Two Well Known Brands It has long been held by Australian courts that when assessing the similarity between marks for the purposes of trade mark infringement, the parts of a trade mark that are descriptive or common to the trade must be to some extent discounted. However as recent decisions show, the outcome will …
Maximising Antibody Patent Protection in Australia
Is a lack of technical expertise among Australian examiners denying applicants fair and commercially relevant protection for antibody patents and, in turn, undermining the purpose of the patent system? Click on the image below to read the article.
The Ruby Princess Voyage
A class action, a High Court decision on unfair contract terms, and a lesson for foreign businesses operating in Australia In a recent decision relating to the ill-fated Ruby Princess voyage in March 2020, the High Court of Australia has provided important guidance regarding the extraterritorial application of the unfair contract terms (“UCT”) regime under the Australian Consumer Law (“ACL”) …
The 2023 Intellectual Property Landscape
A Year in Review by Country The Year in Numbers According to the World Intellectual Property Indicators 2023 report recently published by the World Intellectual Property Organization (WIPO), global patent filings rose by 1.7% in 2022 to 3.45 million. This is a second consecutive annual record and is driven by innovation in China, the United States, Japan, and Europe, but …