Pipers issues a bulletin on a monthly basis providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia. Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.
Contents Summary of Latest Bulletin
Senate Passes Part 2 Productivity Commission Response Changes
The previously summarized Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 has now been passed by the Senate and is expected to soon be passed by the House of Representatives and thereafter receive Royal Assent.
Foreign Prosecution History Ruled Relevant in Canada
In Canmar Foods Ltd v TA Foods Ltd (2019 FC 1233) the Federal Court ruled that Canada’s recently enacted prosecution history provisions can extend to include foreign prosecution history.
Direct Option Standard Patents Soon to Commence
Further to the August 2016 notification Hong Kong has now issued a Commencement Order for the Patents (Amendment) Ordinance 2016, which will become effective from 19th December 2019.
Feedback on Implementation of Designs Recommendations Sought
Following on from the earlier noted 2014 Options Paper and 2015 Final Report on Australia’s designs legislation by the Advisory Council on Intellectual Property (ACIP), which the government largely approved, IP Australia is now seeking feedback on how to implement the accepted recommendations. Feedback is sought by 20th December 2019.
4. Trade Marks
Interim Injunction not Estopped by Prior Agreement
In 2019 NZHC 2522 Rapid Labels Ltd v Excel Digital Ltd the Judge held that a prior agreement between the parties did not estop Rapid from seeking an interim injunction against Excel.