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
United States of America
Printed Publication Test for Material Distributed at Exclusive Meetings Clarified
In Medtronic Inc v Barry the Court of Appeal for the Federal Circuit (CAFC) vacated and remanded the finding of the Patent Trial and Appeals Board (PTAB) that the distribution of a video demonstration and slides at an industry meeting of experts did not constitute publically accessible disclosures.
Pharmaceutical Patent Litigation Law Amendment Proposed
One of the sponsors of the 1984 Drug Price Competition and Patent Term Restoration Act has proposed amendments aimed at restoring the balance between drug innovators and generics which he claims has been compromised by the introduction of the inter-partes review (IPR) procedure in 2012.
2. Trade Marks
WTO Finds Plain Packaging Law Consistent with Australia's Trade Obligations
On 28th June 2018 the World Trade Organisation (WTO) rejected claims to the effect that Australia’s plain packaging regime for tobacco products are inconsistent with Australia’s trade obligations under the WTO.
Louboutin Red Sole Shoes Held to be Position Marks not Shape Marks
In Christian Louboutin v Van Haren Schoenen BV the Court of Justice of the European Union (CJEU) declined to follow the earlier released opinion of an Advocate General.
Notable Changes Being Made to Mexico's Trade Mark Law
On the 10th August 2018 several amendments to the Trade Marks law will enter into force.
Sealegs' Amphibious Crafts Constitute Copyright Material and Held to be Infringed
In Sealegs International Limited v Zhang  NZHC 1724 the Judge upheld Sealegs’ claim of copyright infringement against several defendants in relation to its retractable wheel system for amphibious crafts.