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Significant changes ahead for Australian intellectual property laws

The Government has announced the release of its response to the Productivity Commission’s inquiry into intellectual property arrangements in Australia.   Key Points The Government has agreed to: Amend the inventive step threshold for patents to reflect that of the European Patent Office; Phase out the innovation patent system; Introduce an objects clause into the

Should the Australian Patent Office be denying patent eligibility to cDNA inventions?

In this, the first of a trilogy of articles investigating specific areas of Australian Patent Office examination practice, I consider how the High Court’s decision in D’Arcy v Myriad Genetics Inc [2015] HCA 35 (7 October 2015) (the Myriad decision) has been interpreted to render all non-naturally-occurring cDNA compositions patent ineligible. I also question the

New Zealand’s Patents Act 2013 – support means support (which is more than fair basis)

When  New Zealand’s new Patents Act 2013 commenced on 13 September 2014, one of the less-heralded changes was the shift in the invention disclosure requirement from “fair basis” under the old Act (Patents Act 1953) to “support”, as now required under section 39(2)(c) of the new Act.  A recent decision of the Intellectual Property Office

Lesson for creating a competitive start-up

The recent case of IPC Global Pty Ltd v Pavetest Pty Ltd (No 3) [2017] FCA82, provides a textbook example of how not to create a competitive start-up.   A group of senior employees left IPC and started up Pavetest in competition. IPC was the dominant player in marketing software to determine the material strength

New Zealand joins the Global Patent Prosecution Highway

As of 6 July 2017, the Intellectual Property Office of New Zealand (IPONZ) has joined the Global Patent Prosecution Highway (GPPH), providing New Zealand patent applicants mechanism by which to accelerate the progress of their application and/or accelerate the progress of a corresponding foreign application in a number of major jurisdictions across the globe.  

Australian courts protect HARBOUR LIGHTS trade mark

On appeal to the full court of the Federal Court, Accor Australia and New Zealand Hospitality Pty Limited has succeeded in protecting the name of a residential apartment complex as a trade mark. That mark has been protected in relation to services dealing with the sale, leasing and letting of those apartments and holiday accommodation services.  

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