Private Member’s Bill proposes second-tier New Zealand “advancement patent”

A New Zealand “innovation (or advancement) patent”?  Now distinctly possible.  Australia’s second-tier innovation patent regime has been all over the news recently – literally overnight, it went from death row to receiving a stay of execution. Although it is not without its faults, has been prone to certain unintended outcomes and has recently gained some

Intellectual Property Rights for Plants in Australia and New Zealand

In Australia, new plant varieties can be protected by both Plant Breeder’s Rights (PBR) and patents. In New Zealand, new plant varieties can be protected by Plant Variety Rights (PVR) while plants per se can be protected by patents. The form of protection which is most appropriate will require a consideration of the rights provided

Apple showcases value of registered design protection

The value and power of registered design protection has been confirmed by the United States Federal Circuit Court of Appeal in its decision of 18 May 2015, upholding an earlier decision, that certain of Samsung’s smartphones infringed Apple’s patented designs directed to its iPhone.   This decision highlights the value of securing registered design rights

Injunction appeal success leaves generics companies in a world of pain

Warner-Lambert and the Pfizer group successfully appealed to the Full Federal Court to broaden the scope of an interlocutory injunction restraining the supply of Apotex’s pregabalin products (Warner-Lambert Company LLC v Apotex Pty Ltd [2014] FCAFC 59). This decision suggests that efforts made by generics companies to restrict the registration of a bioequivalent pharmaceutical product

Final Report for Pharmaceutical Patents Review released but Government distances itself from the Report

Despite the Minister for Industry, Ian Macfarlane, announcing in Parliament on 11 February 2014 that the Government had no plans to release the Final Report for the Pharmaceutical Patents Review (see Patent Term Extensions are here to stay … for now), the Government has now backtracked and released the Final Report “in response to stakeholder

Methods of medical treatment held patent eligible

Australia’s highest court has recently confirmed that patents are available for the broad grounds of methods of medical treatment. In Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd, Sanofi had been granted a patent for a new use of a known medical compound leflumonide. The new use was in the treatment of a variant of

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