The bar has been raised: Prevnar® vaccine case demonstrates the impact of Australian patent law reforms

Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] FCA 1477   Summary Australia’s Federal Court has delivered judgment in a dispute concerning patents covering improvements in vaccines against Streptococcus pneumoniae, a leading cause of serious infections, particularly in children.  The judgment provides the first detailed analysis by a Federal Court judge of

Shelston IP Webinar: The Australian Registered Designs System

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Shelston IP and The Legal 500: Patent Litigation Country Comparative Guide

Shelston IP assisted Legal 500 in their recent launch of The Legal 500: Patent Litigation Country Comparative Guide.   Our highly experienced litigation team have provided their expertise for the Australian Patent Litigation Chapter. The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of patent

Courtrooms and the America’s Cup – patent infringement set to be the latest out-of-water battle

The America’s Cup (the “Auld Mug”) is the world’s oldest sailing trophy and enjoys a storied history of fierce competition – both on and off the water.  Whereas legal drama throughout the years was previously restricted to claims of sabotage, subterfuge, cheating or some far-fetched interpretations of the “rules”, the upcoming 2021 event has thrown

Vanuatu Trade Mark Practice Update – New Maintenance Fee Requirement

On 1 March 2020, the Vanuatu Trade Marks Office (“VTMO”) announced the introduction of a new annual maintenance fee (“the AM Fee”) for all Vanuatu trade mark registrations.   The AM Fee has currently been set at US$35 and is due on or before the “anniversary date” of the trade mark. The anniversary date is

Names of Films – Trade Marks or Not Trade Marks?

LION   In the recent Trade Marks Office decision of Long Way Home Holdings Pty Ltd v Saroo Brierly Enterprises Pty Ltd [2020] ATMO 109, the issue of whether a film title functions as a trade mark has again been discussed.   The decision concerned a film called Lion, which is based on the story

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