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No innovation patents, restricted patent eligible subject matter and fewer patent attorneys – welcome to the future of IP in Australia!

The Senate Committee inquiring into the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 has recommended in their report that the Bill be passed by the Senate.   As we previously reported, the Bill includes provisions to abolish Australia’s second-tier patent system, the innovation patent, and introduce an object’s

Changes to Australian competition laws may impact your IP arrangements

Part IV of the Competition and Consumer Act 2010 (Cth) (the Act) prohibits certain anti-competitive conduct.   Following the repeal of s51(3) of the Act, which provided an exemption for some IP dealings, various prohibitions in Part IV will now apply to certain IP arrangements from 13 September 2019. Amongst other things, those prohibitions will

Australia’s Innovation Patent – dead man walking

Australia’s second-tier innovation patent system is presently on death row and the Government – judge, jury and executioner – is seeking a quick kill.  With all appeal avenues seemingly now exhausted, we ask the question – albeit somewhat academically, as to whether it necessarily has to die – or whether it could be rehabilitated. In

Australia’s innovation patent at death’s door: Is the Government trying to cover up innovation policy reform?

Like a prisoner on death row, Australia’s innovation patent has been transferred to “the condemned-man’s cell” with the introduction of the IP Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 into Parliament on July 25.   As well as including provisions to abolish the innovation patent system, the Bill, if passed, will

The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115 clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product.   Re-manufacturers that

Australian Design Search

IP Australia have just released the new Australian Design Search into the wild, replacing the (now) old Australian Designs Data Searching system, or ADDS.   It’s a vast improvement over the old system, although if you’re familiar with IP Australia’s efforts over the last few years you’ll see a lot in common with the Australian

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