Changes to ACL in Relation to Supply of Gift Cards

New Commonwealth laws regarding gift cards came into effect on 1 November 2019 by way of amendments to the Australian Consumer Law (ACL). The relevant provisions provide that: gift cards must have a minimum three year expiry period; information about the expiry of the gift card must be displayed prominently on the card itself; and terms cannot allow certain post-supply …

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Greater Choice and Control for Consumer Data

Following the recent introduction of the Consumer Data Right regime (CDR Regime) into the Competition and Consumer Act 2010 (CCA), the Office of Australian Information Commissioner (OAIC) published draft Privacy Safeguard Guidelines in October 2019. The draft guidelines set out the OAIC’s understanding and interpretation of the privacy safeguards and the relevant Consumer Data Rules. Background The CDR Regime is …

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First in Best Dressed?

What happens when two people apply for exactly the same trade mark in relation to the same goods and services only one day apart? Three sets of opposition proceedings and more than 2 years later the answer is clear (it always was): the first person to use the mark in Australia is the “true owner” and it’s that person who …

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Successful Commercialisation of Your MedTech Innovation – Event Summary

Thanks to our good friends at PwC for hosting our joint breakfast event last week, where we continued to explore the successful commercialisation of MedTech innovations in WA. Carel Smit led the discussion, drawing on the valuable experiences of our panellists Sheryl Frame and Dr Matthew Oldakowski who highlighted the need to validate innovative ideas early, the challenges of raising …

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Federal Court Fails to Clarify Test for Patentability of Software Inventions in Australia

As we reported in our update last Friday, 13 September 2019, an enlarged Full Bench (five judges) of the Federal Court of Australia handed down its much-anticipated judgement in the appeal case Encompass Corporation Pty Ltd v. InfoTrack Pty Ltd [2019] FCAFC 161, in which it upheld the finding of the primary judge that the patents in suit do not …

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Is your product protected by geographical indications?

Camembert, Prosciutto, Cognac and Scotch Whisky are just some of the products affected, so if you produce these (or just enjoy them!) this will be of interest to you. The European Union (EU) is one of Australia’s largest trading partners, so why do we currently have limited access to EU markets, and how can this be improved? The answer and …

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Patentability of Software Inventions Still Murky in Australia

An enlarged Full Bench (five judges) of the Federal Court of Australia today handed down its much-anticipated judgement in the appeal case Encompass Corporation Pty Ltd v. InfoTrack Pty Ltd, in which it upheld the finding of the trial judge that the patents-in-suit do not relate to patent-eligible subject-matter (i.e. not a “manner of manufacture”) under Australian law. This case …

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Canned soup: an uncanny result?

Campbell Soup Company ran into some difficulties getting its trade mark application for UNCANNED over the line in connection with information services about food. The mark is used to support a consumer information campaign about trends and issues in modern food production (e.g. GMO, food tech, etc). The Australian trade mark office initially knocked back the application, saying the mark …

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Startup to Scale Up Toolkit Workshop – Event Summary

This week Wrays  and our industry friends, Nifty Grants, Standard Ledger and LaunchLink hosted an intimate event – Startup to Scaleup Toolkit Workshop. We brought together expertise on protecting IP, startup valuations, managing media relations and accessing R&D Tax Incentives. Attendees engaged in four sessions provided by the following subject matter experts: Accounting Remco from Standard Ledger ran through a valuations …

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Gin for the win! Apothecary Gin vs Apothic (for wine) would you be confused?

An alcohol-fuelled trade mark battle came before the Australian Trade Marks Office last month. E&J Gallo winery opposed gin distiller Kristy Booth’s application for APOTHECARY GIN covering spirits in class 33. The large winery cited many reasons for its opposition, the primary reason being that Ms Booth’s mark was confusingly similar to its own wine brand, APOTHIC. The winery relied …

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