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
Commencement of First Response Act to Productivity Commission Report
On the 25th August 2018 the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 commenced, although some of the provisions will come into force at a future date.
2. Patents / Plant Variety Rights
Issues Paper on Plant Variety Rights Act 1987 Released
The Ministry of Business, Innovation and Employment (MBIE) has released an Issues Paper on the Plant Variety Rights Act 1987.
Introduction of Disclosure of Origin Requirement Under Considreation
In tandem with the review of the Plant Variety Act 1987 MBIE is also considering introducing a disclosure of origin requirement in relation to genetic resources or traditional knowledge forming part of the subject matter of a patent application.
United States of America
Single 2-D Plan-View of 3-D Feature can be Sufficient
The recent Court of Appeal for the Federal Circuit (CAFC) case of In re Maatita ruled that a design patent application was not indefinite and non-enabled merely on account of containing only one two-dimensional perspective of the claimed novel features.
4. Trade Marks
Similarity of Information Technology Services Considered
In 2018 NZIPOTM 25 Mobit Limited v Mobit Technologies Limited the Assistant Commissioner only partially upheld an opposition to the registration of an substantially identical mark to a different proprietor where both parties are in the information technology field.