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
Exemptions for IP from Prohibitions on Restrictive Trade Practices Repealed
From 19th August 2019 the exemptions from the prohibitions on restrictive trade practices that allowed for certain dealings in intellectual property will be removed when the repeal of subsection 51(3) of the Competition and Consumer Act 2010 takes effect.
Improved Purity of Compound Can Provide Novelty and Inventive Step
In recently published decision T 1085-13 Recordati Ireland Limited the EPO Board of Appeal has annulled its own precedential rulings when holding that claims to a known compound at previously unobtained levels of purity can be both novel and involve an inventive step.
3. Trade Marks
Comparing a Pear to a Well known Apple - Apple Unable to Take a Bite Out of Pear Technologies
In T-215/17 Pear Technologies Ltd v EUIPO a General Court clarified the assessment of similarity between device marks where it is alleged that an application takes unfair advantage of the well-known reputation of a prior registration.
New Process Allows for Elevated Review of Contentious Trade Mark Applications
IPONZ has recently established a Request for Review process that allows applicants to request a more senior examiner to review the examination of a trade mark application under specific circumstances.
United States of America
USPTO Likely to Require Foreigners to use a US Licensed Attorney
On 15th February 2019 the USPTO issued a Notice of Proposed Rulemaking under which the Federal Trademark Rules of Practice would be amended so as to require foreign domiciled trade mark applicants, registrants and parties to Trademark Trial and Appeal Board (TTAB) proceedings to use an attorney who is licensed to practice law in the United States.
New Zealand Soon to Join WCT and WPPT
New Zealand deposited its instrument of accession to both the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) on the 17th December 2018.