Chemical & Healthcare Archives - Page 4 of 13

AUSTRALASIA

27th Jan 2021

No stretch for BOTOX – use of trade marks in marketing not an infringement

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd FCA 1530 (14 October 2020) Allergan alleged that various references to the BOTOX trade mark, which were made...

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd FCA 1530 (14 October 2020) Allergan alleged that...

AUSTRALASIA

17th Sep 2020

“Reasonableness” in withholding consent in commercialisation partnerships

University of Sydney v ObjectiVision Pty Ltd FAC 1625 It is common for commercial contracts to include provisions that prohibit a party from doing certain things unless with the...

University of Sydney v ObjectiVision Pty Ltd FAC 1625 It is common for commercial contracts to include provisions that...

AUSTRALASIA

19th Aug 2020

Injecting preliminary discovery into patent infringement proceedings

Sovereign Hydroseal Pty Ltd v Steynberg FCA 1084 An application for preliminary discovery of documents relating to the constituents of a ‘sealing composition’ and methods of using it to seal...

Sovereign Hydroseal Pty Ltd v Steynberg FCA 1084 An application for preliminary discovery of documents relating to the constituents of...

AUSTRALASIA

23rd Jun 2020

Enablement and Plausibility – is a guess good enough?

The Australian enablement requirement was introduced with the IP Laws Amendment (Raising the Bar) Act 2012 that came into effect on 15 April 2013. However, some seven years later...

The Australian enablement requirement was introduced with the IP Laws Amendment (Raising the Bar) Act 2012 that came into...

AUSTRALASIA

3rd Jun 2020

The matter with added matter in patent specifications – Allowability of amendments under post ‘Raising the Bar’ test

In the recent decision, CSIRO v BASF Plant Science GmbH FCA 328, the Federal Court of Australia considered the allowability of amendments to patent specifications under s 102(1) of the Patents...

In the recent decision, CSIRO v BASF Plant Science GmbH FCA 328, the Federal Court of Australia considered the allowability...

21st May 2020

Using AI to invent therapeutics: should artificial intelligence be recognised for inventive activity?

Two patent applications naming artificial intelligence as the sole inventor were refused by the European Patent Office following oral proceedings on the grounds that an inventor must be a...

Two patent applications naming artificial intelligence as the sole inventor were refused by the European Patent Office following oral...

AUSTRALASIA

29th Apr 2020

Australian Federal Court Decision – VAGISIL v VAGISAN

Dr August Wolff GmbH & Co. KG Arzneimittel v Combe International Ltd FCA 39 (3 February 2020) On 3 February 2020, Dr August Wolff GmbH & Co. KG Arzneimittel...

Dr August Wolff GmbH & Co. KG Arzneimittel v Combe International Ltd FCA 39 (3 February 2020) On 3...

28th Apr 2020

Commonwealth of Australia unsuccessful in its claim for A$325 million damages

Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) (No 5) FCA 543 As reported in our article of July 2017, the Commonwealth has been seeking to establish its entitlement...

Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) (No 5) FCA 543 As reported in our article of July...

AUSTRALASIA

24th Apr 2020

World Intellectual Property Day 2020 – Innovate for a Green Future

26 April is World Intellectual Property Day, WIPO’s annual celebration of all things IP. This year, the theme is “innovate for a green future”. WIPO’s website perhaps sums it...

26 April is World Intellectual Property Day, WIPO’s annual celebration of all things IP. This year, the theme is...

AUSTRALASIA

7th Apr 2020

Coronavirus the global pandemic: a guide to patenting

COVID-19 (short for coronavirus disease 2019) is caused by Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), more commonly referred to as coronavirus. Coronavirus has dominated world headlines in 2020, leading to nationwide...

COVID-19 (short for coronavirus disease 2019) is caused by Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), more commonly referred to...

AUSTRALASIA

1st Apr 2020

Ramsay Health Care Investments Pty Limited [2020] ATMO 11 (30 January 2020)

Ramsay Health Care Investments Pty Limited (“Ramsay”) applied under Australian Trade Mark Application No. 1790252 to register the RAMSAY PHARMACY trade mark in respect of retailing services in Class 35 and pharmacy...

Ramsay Health Care Investments Pty Limited (“Ramsay”) applied under Australian Trade Mark Application No. 1790252 to register the RAMSAY PHARMACY trade...

AUSTRALASIA

24th Mar 2020

Co-pack causes patent term extension problems for Patentee

Pharma Mar S.A. applied for a patent term extension (PTE) for their Australian patent 754073 on the basis of the listing on the Australian Register of Therapeutic Goods (ARTG) of the...

Pharma Mar S.A. applied for a patent term extension (PTE) for their Australian patent 754073 on the basis of the...