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
Small Differences from Prior Art Can Be Inventive
In Lonza NZ Limited v Koppers Performance Chemicals New Zealand 2020 NZIPOPAT 4 the Assistant Commissioner confirmed that close prior art is not sufficient for a finding of obviousness.
Forthcoming PCT Fee Changes for Australia and New Zealand
Effective from 1st January 2021 the International Filing fees will change for Australia and New Zealand.
Public Review of EU Design Legislation Launched
Following a recent fit for purpose evaluation of EU legislation on design protection the European Commission is now seeking feedback on its proposed areas for change.
3. Trade Marks
Minimal Historical Evidence of Use Results in Shredded Specification
The recent Assistant Commissioner’s decision Nitro AG v Nitro Circus IP Holdings LP 2020 NZIPOTM 23 is the first non-use decision to take into account the Supreme Court’s recent decision in International Consolidated Business Pty Ltd v SC Johnson & Sons Ltd 2020 NZSC 110.
Wholesalers Ability to Qualify as Average Consumers Confirmed
In Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft 2020 EWHC 2858 a UK Judge held that the Hearings Officer was wrong to hold that members of the trade do not qualify as average consumers for the purposes of evaluating the likelihood of confusion.
United States of America
Impending Official Fee Increases for Trade Marks at USPTO
Effective from 2nd January 2021 the USPTO will increase fees across the majority of its operations as well as introducing new fees.