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
1. Trade Marks
IP Australia Encourages Consideration of Trade Mark Insurance
Following a competitive tender process IP Australia has authorised BMS Risk Solutions Pty Ltd to provide insurance products in relation to Australian Trade Mark applications and registrations.
Guidence Given on Determining Similarity Between Services and Goods
In Emcur v EUIPO the opinion of a General Court of the EU gives some guidance on when services are sufficiently similar or complementary to goods for trade mark opposition purposes.
Evidence Threshold for Evidence of Use over the Internet Considered
In the recent revocation decision Target Australia Pty Ltd v Target New Zealand Ltd the Assistant Commissioner applied a high standard in determining what can constitute evidence of use, particularly in relation to claimed use over the internet.
Supreme Court Clears Innocent Intermediaries of Liability for Compliance Costs
In 2018 UKSC 28 Cartier International AG v British Telecommunications Plc the Supreme Court had to consider who should pay the cost of complying with the order when an injunction is obtained against an innocent intermediary to prevent the use of their facilities by wrongdoers for unlawful purposes.