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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Curtin Ignition Program 2019 – scholarship applications open now!
Collaboration and augmentation are the foundational principles of innovation – Vaclav Smil We understand the importance of collaboration and the need for guidance in the early stages of commercialisation. That is why we are proud supporters of the Curtin Ignition program – an intensive training program for aspiring entrepreneurs and innovators to trial and prepare high growth business ideas for …
IoT: the ultimate solution?
Australia’s burgeoning agtech ecosystem barely existed three years ago. Yet, it’s the dawn of a new era for the country’s agricultural sector with technologies such as machine learning, Internet of Things (IoT) and robotics improving crop output, yield predictions, disease control, and farm management. The newest edition of The Gatherer examines some of the big changes happening in food production …