Category Archive

Night and Day in the Decision. And the Story Continues? As we reported here recently, the High Court of Australia handed down its eagerly awaited decision in Aristocrat Technologies Australia Pty Limited v. Commissioner of Patents [S40/2022] on 17 August. The case concerned the patentability of an electronic gaming machine (EGM) defined in the patent as comprising a range of hardware …

Major Patent Decision in Australia – But Still Controversy The High Court of Australia has today handed down a decision that was hoped to clarify the issue of “manner of manufacture”, i.e., patent-eligible subject matter, for so-called ‘computer-implemented inventions’ (CIIs) under Australian law. As the High Court decision was equally split, however, the decision was effectively one by default and …

Two different car companies in two different parts of the world are currently fighting to protect their trade marks in vehicle model numbers. In Europe, Audi AG has started a proceeding against NIO, a Chinese automobile manufacturer. Audi has a number of its model numbers registered as trade marks. Two of these are S6 and S8 and are used as …

Many jurisdictions provide patent term extensions (PTEs) or Supplementary Protection Certificates (SPCs) in recognition of the fact that the time taken to achieve regulatory approval for patented products can often delay their release into the market. However, partly due the interplay between regulatory approval legislation and patent legislation, the requirements for receiving an extension of patent term, and the patented …

Designs v Copyright If you could eavesdrop on the dinner parties of fashion designers, the one question they would be asking is… How do you stop other people copying the garments to which designers have poured their heart and soul? Let’s take a shirt for example. One with a collar and cuffs, a shorter front than back and some fancy …

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 …

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 …

Join Wrays Principal, Mary Turonek in a 45 minute webinar from Austmine: R&D Projects & IP Governance – The Essential Guide for the METS Sector. Mary discusses – Why you need to include IP in your project planning process. Learn how to identify and mitigate your project risk How to identify IP elements in your project Check lists – both …

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 …

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 …