Category Archive

One of the most fertile grounds for disputes relating to inventions, and patents, is the question of who owns the invention or patent. We are reminded of this year after year as cases relating to the ownership of inventions come before the Australian Patent Office and the Australian courts. There are two considerations involved. Firstly, who is or are the …

As a startup, you have probably got a lot on your to-do list, from completing your MVP to refining your business model and planning your strategy. So where does intellectual property (IP) fit into all of this? Do I have time? Do I have the budget? And why should I make IP a priority over all the other important stuff …

Woolworths, one of the largest supermarket chains in Australia, has been fined $1,003,800 for its repeated breaches (more than 5 million) of the SPAM Act 2003 (Cth) (Act) between October 2018 and July 2019. This is the largest fine ever issued by the Australian Communications and Media Authority (ACMA). Additionally, in a 3-year court-enforceable undertaking, Woolworths agreed to: appointing an …

… and perhaps finally a change in practice at the Australian patent office?!! Following hot on the heels of a judgement of the Full Court of the Federal Court of Australia we reported on just a few short weeks ago, the Federal Court handed down another much-anticipated decision about a week ago in Aristocrat Technologies Australia Pty Limited v Commissioner …

Over the past few months if not years, applicants may have observed delays in the commencement of examination after filing their patent application in Australia. These delays do not appear to be COVID-19 related. Rather, they appear to be a function of ordinary business operations. Gaining patent protection in Australia may have positive benefits to the applicant’s overall patent strategy, …

The Australian Made Campaign (AMCL) is calling on Australia’s business community and all levels of government to adopt ‘buy Australian first’ procurement policies, to help fast-track the country’s resurgence as it plans its recovery from the impact of COVID-19. The Federal Government’s commitment to supporting an increase in the domestic manufacturing of critical products such as medical supplies is a …

Since our last update on the reporting requirement under the Modern Slavery Act 2018 (Cth), the world has continued to negotiate the COVID-19 pandemic. Businesses in Australia have suffered greatly due to the sharp economic downturn and many employees either had their salaries cut or have been stood down. In light of the current circumstances, the Australian Border Force (ABF) …

On 22 April 2020, IP Australia implemented a simplified system designed to assist IP owners meet deadlines that would otherwise be missed due to COVID-19. The system provides free extensions of time for up to three months for patents, trade marks and design matters, including extensions of time to file evidence in oppositions. To get an extension all that is …

We have recently been receiving queries from overseas IP firms who have received a notice from IP Australia asking for an address for service in Australia or New Zealand. This is happening when their client’s mark is protected in Australia via the Madrid Protocol, even if no objections have been raised during the examination process, when this has not been …

As we move through the COVID-19 pandemic and many countries start to show signs of emerging out the other side, how are Patent Offices around the world modifying their approach to dealing with the hardship that patent applicants are experiencing in these difficult times? Many Patent Offices worldwide have implemented temporary extensions of time to meet the requirements of satisfying …