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Best Trade Mark Cases 2017 Australia and New Zealand

Welcome to Shelston IP’s round up of key trade mark cases in Australia and New Zealand for 2017.   It was a little quiet on the trade mark scene in New Zealand in 2017 but there was plenty happening in Australia including some important Full Federal Court cases. In particular, the Full Federal Court has

Extending time in New Zealand – statutory versus purposive considerations

The management of patent deadlines is a persistent consideration in the IP world, with the consequences of missing one potentially being the irreversible loss of patent rights. Fortunately, New Zealand legislation provides for the extension of some of these deadlines (including acceptance, but excluding divisional deadlines).  In our recent experience, IPONZ has been generally understanding in

Best Patent Cases 2017 Australia

Welcome to Shelston IP’s round-up of the best patent cases from Australia delivered during 2017.   There were significant and interesting decisions from appeals to the Full Federal Court, from Federal Court trials and interlocutory applications for injunctions and various other orders, and from the Australian Patent Office.  Several decisions related to issues that had

Australia remains a gene-patent friendly jurisdiction

When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a number of commentators believed that the decision would ultimately invalidate claims directed to methods involving the practical application of genes. A recent Federal Court decision, however, has confirmed that claims directed to methods involving the correlation

Shelston IP assists IP Australia with their Engaging an attorney toolkit

IP Australia recently released a toolkit that details everything you need to know about engaging a patent attorney.   Shelston IP directly assisted IP Australia with the preparation of the toolkit. As a result, Shelston IP’s client OzStar Therapeutics has been detailed in a case study on how patent attorneys and clients work together –

New Zealand: is the “daisy-chaining” of divisionals about to get the glyphosate treatment?

A New Zealand Government review concluded more than 16 months ago under which the facility to “daisy chain” divisionals from applications proceeding under the Patents Act 1953 was squarely under threat.  Nothing of significance appears to have happened in the interim – at least publicly, and one assumes the Government (which, of course, changed following

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