News

AUSTRALASIA

2 September 2021

Clinical Trial Roulette: patenting pharmaceuticals in Australia is now a game of chance

While the case of Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd1 (‘Mylan v Sun Pharma’) was decided a little over a year ago, some of the...

While the case of Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd1 (‘Mylan v Sun Pharma’) was...

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AUSTRALASIA

30 August 2021

Australian Designs – Bill now passed

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (the Bill) was recently passed by both houses of Parliament and will soon be presented to the Governor...

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (the Bill) was recently passed by both houses...

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AUSTRALASIA

26 August 2021

Dead or Alive: Statuses, Patent Expiries and Kind Codes – Part 3

I'm exploring statuses, patent expiries and kind codes in a three part series of articles.  The first article on statuses can be found here, and the second article on...

I'm exploring statuses, patent expiries and kind codes in a three part series of articles.  The first article on...

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AUSTRALASIA

26 August 2021

The Australian Federal Court removes a pharmaceutical patent term extension because of the patentee’s own earlier registered goods

In Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, the Federal Court of Australia has determined that a pharmaceutical patent term extension (PTE) for a...

In Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, the Federal Court of Australia has...

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AUSTRALASIA

18 August 2021

Patent term extensions in Australia: Can a “first regulatory approval” less than 5 years after the patent filing date be ignored?

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent claiming two pharmaceutical substances having different first regulatory approval dates;...

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent...

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AUSTRALASIA

17 August 2021

A need for “rescue” for traders who “borrow” aspects of the get up of competitor products

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent decision of Martin & Pleasance Pty Ltd v A Nelson...

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent...

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AUSTRALASIA

13 August 2021

Why cannot our creations also create

Thaler v Commissioner of Patents FCA 879 The Australian Federal Court has remarkably overturned an earlier hearing decision by the Australian Patent Office concluding that an Artificial Intelligence (AI)...

Thaler v Commissioner of Patents FCA 879 The Australian Federal Court has remarkably overturned an earlier hearing decision by...

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AUSTRALASIA

12 August 2021

Australian trade mark decision a ‘bugbear’ for New Zealand honey producers

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the Australian Trade Marks Office of Manuka Honey Appellation Society Incorporated v...

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the...

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AUSTRALASIA

10 August 2021

A.D. Padmasingh Isaac trading as Aachi Spices and Foods v Ragopika Pty Ltd [2021] ATMO 47 (4 June 2021)

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for “restaurant services” and “fast food outlet” in class 43. The...

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for...

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AUSTRALASIA

6 August 2021

Australian Trade Marks Office Decision – BUTTERMITE v VEGEMITE – A Mitey Dispute

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the registration of BUTTERMITE filed in the name of Vincenzo Fasanella. Background Vincenzo...

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the...

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AUSTRALASIA

4 August 2021

FemTech in Australia – What’s going on Down Under?

FemTech is surging around the world with new start-ups and technology entering the marketplace every day, but what’s going on Down Under? Need for FemTech As of June 2019, just over...

FemTech is surging around the world with new start-ups and technology entering the marketplace every day, but what’s going...

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AUSTRALASIA

3 August 2021

Question & Answer with a patent attorney

Part 2: Patent Claims We continue our discussion of some common questions encountered in patent law, turning now to the topic of patent claims. You can view Part 1: Prior...

Part 2: Patent Claims We continue our discussion of some common questions encountered in patent law, turning now to the...

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