News

AUSTRALASIA

17th Dec 2014

High Court gives new guidance on registrability of foreign language trade marks

Cantarella Bros Pty Limited v Modena Trading Pty Limited HCA 48 In the final chapter of the Italian coffee saga, the majority of the High Court has ruled that...

Cantarella Bros Pty Limited v Modena Trading Pty Limited HCA 48 In the final chapter of the Italian coffee...

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AUSTRALASIA

17th Dec 2014

Australian IP Amendment Bill Tackles Trans-Tasman Initiatives and TRIPS Protocol

As Australian patent applicants, their representatives, and the Australian Patent Office settle into life after the substantial changes to patents legislation brought about by the Intellectual Property Laws Amendment...

As Australian patent applicants, their representatives, and the Australian Patent Office settle into life after the substantial changes to...

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AUSTRALASIA

11th Dec 2014

Pepsi Takes the Fizz out of the Coke Bottle

A recent decision of the Federal Court emphasises that although shape trade marks have their place, the context in which they are used will affect the scope of protection...

A recent decision of the Federal Court emphasises that although shape trade marks have their place, the context in...

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AUSTRALASIA

9th Dec 2014

High Court Grants Extension of Time for Extending Patent Term

As discussed in a previous blog, Australian patent law permits many deadlines to be extended in the event that a critical date is missed. Provided that an applicant or...

As discussed in a previous blog, Australian patent law permits many deadlines to be extended in the event that...

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AUSTRALASIA

4th Dec 2014

High Court has the final say – “ORO” and “CINQUE STELLE” are inherently adapted to distinguish coffee products in Australia

The High Court has handed down its decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited, allowing Cantarella’s appeal and finding that the marks “ORO” and “CINQUE...

The High Court has handed down its decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited, allowing...

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AUSTRALASIA

4th Dec 2014

Avoiding Trade Mark Infringement in Search Engine Optimisation

For most businesses, the prominence of their website in search engine results has become an important part of their marketing efforts. The incentive to be featured above competitors is...

For most businesses, the prominence of their website in search engine results has become an important part of their...

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AUSTRALASIA

4th Dec 2014

The ‘Acceptance Deadline’ trap – how to avoid costly continuation applications in Australia and NZ

When filing for a patent in any country, for both local companies and patent attorneys based overseas, the question of deadlines can be one of the easiest and most...

When filing for a patent in any country, for both local companies and patent attorneys based overseas, the question...

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AUSTRALASIA

4th Dec 2014

Uncertainty for Generic Pharmaceutical Manufacturers as High Court grants 10 year extension of time

The question of how long originators of a new pharmaceutical medication should hold their patent monopoly has been extensively debated and, with the competing interests of originators and generic...

The question of how long originators of a new pharmaceutical medication should hold their patent monopoly has been extensively...

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AUSTRALASIA

4th Dec 2014

Distinct Bite Taken Out of Apple

Apple Inc. v Registrar of Trade Marks FCA 1304 (3 December 2014). In 2013, Apple requested to be Heard by the Trade Marks Office on the issue and...

Apple Inc. v Registrar of Trade Marks FCA 1304 (3 December 2014). In 2013, Apple requested to be...

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21st Nov 2014

IPH Limited lists on the Australian Stock Exchange

Following recent amendments to the Australian Patents Act 1990 permitting Australian patent and trade marks attorneys to operate in a corporate structure, Spruson & Ferguson has become an incorporated...

Following recent amendments to the Australian Patents Act 1990 permitting Australian patent and trade marks attorneys to operate in...

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SOUTHEAST ASIA

12th Nov 2014

Compliance with Section 8 as a ground for revocation in India

According to the Indian High Court, revocation of an Indian patent pursuant to Section 64 due to non-compliance with Section 8 is not automatic. Section 8 requires

According to the Indian High Court, revocation of an Indian patent pursuant to Section 64 due to non-compliance with...

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AUSTRALASIA

10th Nov 2014

Much anticipated ‘Research Affiliates’ Decision Provides Further Guidance on the Patentability of Business Methods and Software In Australia

The Australian Full Federal Court today handed down its decision in Research Affiliates LLC v Commissioner of Patents. The decision is an important addition to Australian case law...

The Australian Full Federal Court today handed down its decision in Research Affiliates LLC v Commissioner of Patents. ...

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