How New Zealand patent applicants can beat the 13 February 2020 fee hike

On 13 February 2020, the Intellectual Property Office of New Zealand (IPONZ) will increase many of its fees – and add several new ones.  As with any fee hike, some are justified more easily than others, some are “idiosyncratic” – and importantly, within the context of this article, some are avoidable altogether.   Specifically, if

License it expressly or you may lose it – a cautionary tale of implied copyright licences

The recent case of Hardingham v RP Data Pty Ltd [2019] FCA 2075 provides a good reminder of potential pitfalls for content creators who do not have express copyright licence arrangements in place, especially where the content is to be uploaded to third party websites by the party transacting with the creator or its sub-licensees.

Biosimilars in Australia

A ‘biosimilar medicine’ or ‘biosimilar’ is a highly similar, but not identical, version of an original biological medicine (‘reference medicine’) – a medicine comprised of large complex molecules derived in some way from a living organism.  In this sense, a biosimilar differs to some extent from a traditional small molecule “generic” medicine, which is commonly

The status of Australia’s innovation patent – how full is the glass?

The “glass half empty” headline: Innovation patent spends Christmas on death row.   The “glass half full” headline: Innovation patent lives to fight another day (year).   Notwithstanding, optimistic and the pessimistic angles will invariably converge early in the New Year, as the fate of Australia’s second-tier “innovation patent” is up there with death and

Trade Marks and “style names” – can you tell the difference?

Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) Question: When is a name that is used to distinguish, not being used to distinguish? Answer: When it is a style name The Case In Federal Court proceedings Pinnacle Runway Pty Ltd (“Pinnacle”) alleged infringement of its trade mark registration for DELPHINE

The examination “red carpet” for cleantech patent applications in Australia

In recent years, IP “buzzwords” have included superconductors, gene patents, business methods and computer software.  Society’s ever-increasing environmental awareness now dictates that “cleantech” is the latest vogue.  The Australian Patent Office offers the facility to request expedited examination of any patent application if the applicant provides good reason (this may be as vague as “commercialisation”). 

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