Brand Protection and Criminal Offences

As IP practitioners, you have probably noticed counterfeit watches being sold at local markets, sometimes hidden from immediate view by the seller.  Over the past ~30 years, growth in online retailing (including third party retailers) has allowed counterfeiters to flourish and expand into goods such as footwear, leather goods, perfumes, jewellery and even pharmaceuticals.  A

Australian Patent Office considers the plausibility of Swiss-style claims

Gliknik, Inc. v CSL Behring Lengnau AG [2020] APO 46 (“Gliknik”) concerned a patent application for engineered proteins intended for use as replacements for intravenous immunoglobulin.  The application included claims directed to methods of treating autoimmune or inflammatory diseases as well as a Swiss-style claim directed to the same diseases.  Gliknik, Inc. opposed the application

WICKED v WICKED SISTER – Deceptive Similarity, Ownership and Removal

There was no sweet victory for the owners of the WICKED SISTER trade mark, used mostly for dairy desserts, in their attempt to prevent use of the WICKED trade mark for dipping sauces and related products.   The recent Federal Court case of PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd [2020] FCA 1078

Update: New extended deadline of 30 November 2020 for requesting extensions of time at IP Australia when a deadline cannot be met due to COVID-19

IP Australia is providing free extensions of time of up to three months if a deadline cannot be met due to the effects of COVID-19.  The period for requesting such an extension has now been extended until 30 November 2020.  Depending on the ongoing impact of the pandemic, both in Australia and overseas, this period

Intervet parries a challenge to its combination injectable anthelmintic formulation patent application

Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V. [2020] FCA 1333 Key takeaways: For novelty purposes, expert evidence does not make up for a lack of sufficiently clear and unambiguous directions in the prior art or for a lack of teaching that would inevitably result in the invention Invention was a “substantial departure”

Pharmaceutical patent term extensions: broader is not always better

Ono Pharmaceutical Co., Ltd. et al [2020] APO 43 (16 September 2020) Background Australia’s Patents Act provides a patent term extension (PTE) to account for the delays that can occur when obtaining regulatory approval for a pharmaceutical substance.   The extension can last for up to five years and is available when the following requirements are

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