Australia’s Innovation Patent to be abolished by legislation now passed in Federal Parliament

Australia’s second-tier “innovation patent” – rumours of its demise have (unfortunately, not) been greatly exaggerated.     The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 has now passed with a clear majority through both houses of Australia’s Federal Parliament.  The headline act of the new legislation is that

Recent Changes to New Zealand Trade Mark Law

Trade mark owners should be aware of recent amendments to the New Zealand Trade Marks Act 2002 (TM Act), introduced under the Regulatory Systems (Economic Development) Amendment (No.2) Act.  These changes, which came into effect on 13 January 2020, are summarised below.   Renewal Grace Period The grace period to renew a New Zealand trade

Tricks of the trade: Can you just do a quick search on …?

I often hear that a patent search won’t take long, or it will be a small search, or get asked to do a quick search, and in some cases that’s probably right, but in other cases, by which I mean most, things are not always as small as they appear.  I’m going to risk expulsion

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

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