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
Discussion Paper on Draft IP Omnibus Bill
The Ministry of Business, Innovation and Employment (MBIE) has released a Discussion Paper - Intellectual Property Laws Amendment Bill 2019.
Obviousness 'Reasonably Diligent Search' Test Held No Longer Relevant (at least for individual prior art)
In Aux Sable Liquid Products LP v JL Energy Transportation Inc the Judge rejected the ‘reasonably diligent search’ test for determining which prior art was available for obviousness purposes.
3. Trade Marks
China Strengthening Protections Against Bad Faith Filings
From 1st November 2019 China’s Trademark Law will provide greater protection against bad faith filings, when amendments to the law made on 23rd April 2019 take effect.
Test for Acquired Distinctiveness of Extremely Simple Device Marks Clarified
In T 307-17 Adidas AG v EUIPO a General Court has upheld a finding of invalidity against Adidas’s registration of a three-striped device mark.
United States of America
Supreme Court Finds Further Elements of Trademark Eligibility Criteria Unconstitutional
In 18-302 Iancu v Brunetti the Supreme Court has extended the degree to which section 2(a) of the Trademark Law is unconstitutional.