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
Further COVID-19 Related Relief
In recognition of the difficulties that the COVID-19 pandemic can create for the timely gathering of evidence and the execution of statutory declarations and affidavits IPONZ has introduced several measures in an attempt to limit unfairness or prejudice while still allowing proceedings and hearings to progress.
Indemnity Replaces Up-Front Security for Customs Border Protection Notices
With effect from 1st June 2020 Customs no longer require up-front security from trade mark and copyright owners when requesting Customs to detain goods suspected of being pirated or counterfeit.
Full Court Reverses Patentability Finding for Digital Marketing Scheme
In 2020 FCAFC 86 Commissioner of Patents v Rokt Pte Ltd the Full Court of the Federal Court (FCAFC) overturned the Federal Court decision which had found a digital marketing scheme to involve patentable subject matter.
Products Obtained by Means of Essentially Biological Processes Not Patentable
In G 3/19 – Pepper the EPO Enlarged Board of Appeal (EBA) has now confirmed that products obtained by means of essentially biological processes are not patentable, thereby bringing EPO practice in-line with European law.
Italy to Allow for PCT National Phase
For PCT applications filed on or after 1st July 2020 it will be possible to enter national phase in Italy.
Likely Changes to Designs Legislation Announced
Following the earlier reported call for feedback on implementing the ACIP recommendations for the Australian designs system, IP Australia has now reported back on which recommendations it seeks to implement and plans to release an exposure draft in the second half of 2020.
4. Trade Marks
United States of America
Willfulness Not Required for Infringement Account of Profits Award
In 18-1233 Romag Fasteners Inc v Fossil Group Inc the Supreme Court resolved a split in practice amongst Circuit Courts by clarifying that a finding of willfulness is not required in order for an account of profits award to be made for trade mark infringement.