IP Law Archives - Page 28 of 63 - Spruson & Ferguson

AUSTRALASIA

18 June 2019

Let the Petitioner Beware: Clearing a path by proactively challenging patents in an IPR may result in a lack of standing to appeal an adverse decision

A recent decision by the United States Federal Circuit (AVX Corporation v Presidio Components, Inc (Fed Cir, No 2018-1106, 13 May 2019)) has clarified the requirements for standing to...

A recent decision by the United States Federal Circuit (AVX Corporation v Presidio Components, Inc (Fed Cir, No 2018-1106,...

AUSTRALASIA

6 June 2019

The “plausibility” threshold remains low in Australia

The requirement that a patent specification sufficiently enables the subject matter of the claims is particularly relevant to pharmaceutical inventions and can be a hurdle for innovators even if...

The requirement that a patent specification sufficiently enables the subject matter of the claims is particularly relevant to pharmaceutical...

AUSTRALASIA

5 June 2019

Australia Update: Swole O’Clock Wins Its Battle Against Time

In the case of Swole Gym Wear Group Pty Ltd v Swole O’Clock Ltd FCA 685, the Federal Court dismissed an application for an extension of time to...

In the case of Swole Gym Wear Group Pty Ltd v Swole O’Clock Ltd FCA 685, the Federal...

AUSTRALASIA

10 May 2019

The ‘as trustee for’ dilemma – should trust details be disclosed in Australian trade mark applications?

The discretionary trust is a very popular vehicle for carrying on a business in Australia and holding ownership of intellectual property assets. A trust is a relationship between several parties....

The discretionary trust is a very popular vehicle for carrying on a business in Australia and holding ownership of...

AUSTRALASIA

9 May 2019

Case Note: Davies V Lazer Safe Pty Ltd [2019] FCAFC 65

This case highlights the importance of construing claims using plain English meaning and not adding a “gloss” to the language of a claim. Background The primary judge held in Davies V...

This case highlights the importance of construing claims using plain English meaning and not adding a “gloss” to the...

SOUTHEAST ASIA

6 May 2019

Malaysia Update: Bill of the Trademarks Act 2019

Malaysia is in the midst of acceding to the Madrid Protocol which now allows a trade mark owner to file an international trade mark application through the...

Malaysia is in the midst of acceding to the Madrid Protocol which now allows a trade mark owner...

AUSTRALASIA

26 April 2019

Australian Rugby League Commission – protecting its brands and golden history through IP

April 26 is World IP Day for 2019, with the theme of “Reach for Gold – IP & Sports”. Spruson & Ferguson and Spruson & Ferguson Lawyers, congratulate...

April 26 is World IP Day for 2019, with the theme of “Reach for Gold – IP & Sports”....

SOUTHEAST ASIA

17 April 2019

Singapore Patent Office Denial of Post Grant Amendments in Revocation Hearing Founded On Undue Delay and Unfair Advantage

Last month, the Intellectual Property Office of Singapore (IPOS) Patent Registrar invoked its discretionary powers to deny a patentee’s request to enter post grant amendments as a defense in...

Last month, the Intellectual Property Office of Singapore (IPOS) Patent Registrar invoked its discretionary powers to deny a patentee’s...

10 April 2019

Spare parts and the ‘repair defence’ against infringement

The Federal Court of Australia (‘the Court’) in GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd has handed down its judgement in relation to, amongst...

The Federal Court of Australia (‘the Court’) in GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd...

AUSTRALASIA

9 April 2019

Recent updates to New Zealand Trade Marks Guidelines: Ownership and Divisionals

Ownership: Don’t underestimate the importance of nominating the correct trade mark Applicant! IPONZ has recently updated its practice guidelines on Section 32(1) of the Trade Marks Act 2002, which relates...

Ownership: Don’t underestimate the importance of nominating the correct trade mark Applicant! IPONZ has recently updated its practice guidelines on...

GREATER CHINA

4 April 2019

Colour-Fool? Don’t Miss the Rise of Colour-Combination Marks

China has allowed the registration of colour-combination marks since 2001, but the treatment of such marks is still shrouded by uncertainty, skepticism and sometimes comic confusion to brand owners...

China has allowed the registration of colour-combination marks since 2001, but the treatment of such marks is still shrouded...

SOUTHEAST ASIA

4 April 2019

Singapore Update – Clothing Brand Guess Fails to Prevent Registration of a “HATER”

GUESS?, INC v JEN, CHI SGIPOS 3 American clothing brand, Guess, Inc (“Guess”) opposed the registration of “” filed by Jen Chi for goods in Class 25 (clothing). One...

GUESS?, INC v JEN, CHI SGIPOS 3 American clothing brand, Guess, Inc (“Guess”) opposed the registration of “” filed...