IP News to Peruse

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December 16, 2016
December 16, 2016
Submissions Sought on Exposure Drafts

IP Australia has released Exposure Drafts relating to the Intellectual Property Laws Amendment Bill 2017 and has requested submissions in relation thereto...

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November 22, 2016
November 22, 2016
NZ IP Legislative Landslide

New Zealand's IP landscape is in the process of a seismic shift...

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October 23, 2016
October 23, 2016
Second Reading of Patents (Trans-Tasman Patent Attorneys and Other Matters) Bill

The Patents (Trans-Tasman Patent Attorneys and Other Matters) Bill was given its second reading on 13th October 2016...

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September 26, 2016
September 26, 2016
Standardised Packaging of Tobacco Products Legislation Ready to Commence

The Smoke-free Environments (Tobacco Standardised Packaging) Amendment Act 2016 was assented to on 14th September 2016 and will commence on the earlier of either a date appointed by the Governor-General by Order in Council or the 14th March 2018...

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September 25, 2016
September 25, 2016
Restrictions Proposed for Divisionals of 1953 Act Patents

Patents Act 1953 may soon no longer be fertile ground for dasiy chained divisionals...

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August 30, 2016
August 30, 2016
Enhanced Configurability Saves Patent from Invalidity but also Results in No Infringement

In Assa Abloy New Zealand Limited v Allegion (New Zealand) Limited the High Court Judge held that the respective parties infringement and invalidity claims are premised on a monopoly that does not conform to the patent’s terms...

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July 11, 2016
July 11, 2016
Consultation on Patent Extension of Term Regulations

Several options available for implementing TPP compliant extension of term provisions...

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July 7, 2016
July 7, 2016
Consultation on Draft Geographical Indications Regulations

Feedback has been requested on draft regulations that would finally bring the Geographical Indications (Wine and Spirits) Act 2006 into force...

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June 29, 2016
June 29, 2016
Brexit - Likely Implications for IP Rights

The Brexit vote has no immediate effect on UK IP rights, but it will eventually require separate consideration when seeking to obtain rights within the European region...

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May 30, 2016
May 30, 2016
Unconditional Promise of the Invention to be Judged Against Every Claim

In Ronneby Road Pty Ltd v Esco Corporation a Federal Court Judge held that unconditional statements in the specification about the inventions utility must be satisfied by every claim...

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April 27, 2016
April 27, 2016
Court of Appeal Affirms Test for Establishing Use through Use of Another Mark

In Crocodile International Pte Ltd v Lacoste the Court of Appeal confirmed that the trial Judge applied the correct test in assessing whether use of one mark counts as use of another mark...

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March 11, 2016
March 11, 2016
Public Submissions Sought on NZ Implementation of TPP Intellectual Property Provisions

Public submissions are requested by 30th March 2016 on the proposed implementation of the TPP’s IP provisions, including extension of term for patents…

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February 19, 2016
February 19, 2016
IP Australia Updates Practice Note on Patentability of Software

Following recent Full Federal Court decisions IP Australia has updated its practice note on the patentability of software or computer implemented methods...

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January 22, 2016
January 22, 2016
EU Trade Mark Law Getting Modernised and Harmonised

Wide ranging amendments should make process of obtaining registration easier, while also strengthening the rights obtained...

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December 24, 2015
December 24, 2015
Court of Appeal agrees that Assessment of Genericism is Jurisdictional

Court of Appeal mostly upheld the High Court's findings on genericism, use as a trade mark, infringement and misleading and deceptive conduct...

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November 12, 2015
November 12, 2015
Trans-Tasman Patent Attorney Bill Introduced

Joint registration regime and single patent application and examination process closer...

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November 12, 2015
November 12, 2015
Geographical Indications Act to be Amended

The recently introduced Bill is set to make significant changes...

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October 22, 2015
October 22, 2015
Australian High Court Holds Isolated Genetic Material Not Patentable

Unanimous decision of the High Court of Australia holds that Myriad's claims to its groundbreaking discoveries are outside the boundaries of patentability...

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October 6, 2015
October 6, 2015
Trans-Pacific Partnership Agreement Signed

In relation to IP law some amendments are required for New Zealand, but Australian law is already compliant...

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September 24, 2015
September 24, 2015
Court of Appeal Considers Daimler's Mercedes Device Appeal Pointless

Having a well known device mark didn't assist Daimler when other mark held to be insufficiently similar...

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August 18, 2015
August 18, 2015
Enhanced Protection of Confidential Information for Product Formulations on Horizon

Agricultural Compounds and Veterinary Medicines Bill 2015 given its first reading...

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July 10, 2015
July 10, 2015
No Smiles for Crocodile Sandwich

Assistant Commissioner provides observations on when ‘sandwich marks’ can constitute ‘special conditions’ that can allow an exception to the priority principle...

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May 29, 2015
May 29, 2015
ACIP Releases Final Report on Australian Designs System

ACIP recommends significant changes to designs law which is only 12-years old...

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May 3, 2015
May 3, 2015
Patent Scope Unable to be 'Re-Cooked'

Patentee's infringement claim barred by words of their own choosing...

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April 7, 2015
April 7, 2015
Geographical Indications to be Revisited

The Geographical Indications (Wine and Spirits) Registration Act 2006 due to commence nearly 10-years after being assented...

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March 24, 2015
March 24, 2015
Applicant Contravenes Restriction on Registration of Certification Mark

Public interest policy behind restriction on registration of certification marks by trader creates broad prohibition...

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February 27, 2015
February 27, 2015
Feedback Sought on Streamlining IP Processes Consultation Paper

More harmonisation of administrative processes and less formalities proposed...

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January 23, 2015
January 23, 2015
Virbac Appeal Win Challenges Merial's Frontline Defence

The Court of Appeal allows FIPROLINE to be registered with a narrower specification of goods...

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December 11, 2014
December 11, 2014
ACIP Shapes the Options for Australia's Design System

ACIP seeks feedback on proposed options by 23rd January 2015...

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December 8, 2014
December 8, 2014
Cantarella Allowed to Register Italian Words for 'Gold' and 'Five Stars' for Various Coffee Products

High Court keeps in-tune with prior precedent in finding Cantarella's marks inherently adapted to distinguish

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November 28, 2014
November 28, 2014
Somebody Else's Medicine could be a Poison to You

Federal Court gives Pharmacor a headache over bio-equivalence claim...

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November 17, 2014
November 17, 2014
Patentability of Software in Australia Affiliated with other Significant Jurisdictions

The Full Court of the Federal Court consolidates its own precedent and draws parallels with other jurisdictions regarding patentability of software...

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November 7, 2014
November 7, 2014
High Court Affirms 10+ Year Extension of Time

Australia's highest court allows extension of term application to be filed over 10-years late...

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September 30, 2014
September 30, 2014
Court of Appeal Clarifies Relevant Market Test for Determining Reputation

The NZ Court of Appeal held that the relevant market should be determined by the market targeted by the opponent...

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September 10, 2014
September 10, 2014
North Face Stumbles at Appeal Hurdle

Court of Appeal finds North Face's prior use of closest mark to be in respect of too narrow a range of goods as well as being distinguishable...

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September 5, 2014
September 5, 2014
Software Design Elements held to be Purely Functional and not Literary Works

Court of Appeal looks to foreign precedent for guidance in determining whether non-literal copyright infringement occurred...

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August 29, 2014
August 29, 2014
Structural Change for NZ Patent Divisional Applications

New Patents Regulations restrict time for filing divisional applications...

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July 30, 2014
July 30, 2014
Google Amends Australasian Policy

Google extends honest commercial practices criterion to advert text in Australia and New Zealand...

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June 5, 2014
June 5, 2014
Very Old Prior Art Held Available for Obviousness

New Zealand's soon to be replaced 60-year old Patents Act given a new interpretation on qualifying prior art for determining obviousness...

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May 30, 2014
May 30, 2014
NZ Budget Provides Incentives for R&D

The May 2014 has signalled a forthcoming tax policy change that is hoped to increase investment in R&D...

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April 4, 2014
April 4, 2014
Google Adwords and Trade Mark Infringement Considered in NZ

The High Court has issued its first substantive decision regarding the use of another parties trade mark as a Google Adword...

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March 31, 2014
March 31, 2014
Australia To Have Extra Protection for Major Sporting Events

Major Sporting Events (Indicia and Images) Protection Bill 2014 introduced into Parliament...

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February 12, 2014
February 12, 2014
Plain Packaging of Tobacco Legislation Introduced

The Smoke-free Environments (Tobacco Plain Packaging) Amendment Bill passes its first reading...

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December 31, 2013
December 31, 2013
Patent Classification Updated

The International Patent Classification (IPC) version 2014.01 came into force on 1st January 2014... 

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December 6, 2013
December 6, 2013
Methods of Medical Treatment Remain Patentable in Australia

In a majority decision the Australian High Court refuses to find that methods of medical treatment are excluded from patentability...

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November 3, 2013
November 3, 2013
Trans-Tasman Single Application and Examination Another Step Closer

NZ Cabinet has given approval for the Trans-Tasman Single Application process and Single Examination process...

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November 1, 2013
November 1, 2013
Parallel Importation of Films

New Zealand's Parliament has extended the prohibition on immediate parallel importation of films...

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October 30, 2013
October 30, 2013
Continued Processing Can Result in Coexisting Registrations

IPONZ amends its practice regarding the effect on subsequent applications when an abandoned application is allowed continued processing...

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October 1, 2013
October 1, 2013
IPAP's can Delay Copyright Compliance of Mobile Networks

Internet Protocol Address Providers have been given an extension of time to comply with copyright infringement provisions applying to infringing file sharing committed over mobile networks...

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September 13, 2013
September 13, 2013
Patents Act 2013 gets the Nod

The Patents Act 2013 receives Royal Assent and now requires drafting of regulations before substantive provisions commence...

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September 10, 2013
September 10, 2013
Patentability of Computer Implemented Methods Further Considered

Australian Federal Court rejects the narrow approach to the patentability of computer implemented inventions...

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August 22, 2013
August 22, 2013
The Nice Agreement

New Zealand Accedes to the Nice Agreement on the Classification of Goods and Services...

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August 2, 2013
August 2, 2013
Tougher Criteria for Obtaining Extension of Time to File Evidence in Opposition Proceedings

IP Australia outlines how it will apply the tougher criteria in determining requests for an extension of time...

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June 13, 2013
June 13, 2013
Patentability of DNA restricted in the USA

The US Supreme Court has restricted patentability of DNA...

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May 14, 2013
May 14, 2013
Patentability of Computer Software in NZ

There is now clarification around the proposed Patentability Exclusion for Computer Software..

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May 3, 2013
May 3, 2013
Relief for 'Black Hole' Expenditure

The Budget promises light at the end of the tunnel for ‘Black Hole’ Expenditure..

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April 23, 2013
April 23, 2013
Google Ad Words– Aggrieved Rights Holders Need to Search Elsewhere

On 23rd April 2013 Google stopped monitoring or restricting keyword advertising that use trade marks it has been notified about, by owners of those trade marks in Australia, New Zealand, China, Hong Kong, South Korea, Taiwan, Brazil, and Macau...

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February 15, 2013
February 15, 2013
Isolated DNA Patentable in Australia

The Federal Court holds that isolated DNA is a manner of manufacture and not a product of nature...

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February 13, 2013
February 13, 2013
Patentability of Computer Implemented Methods Considered

Australian Federal Court finds physical effect of computer implemented method to be insufficient for patentability...

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February 1, 2013
February 1, 2013
Callaghan Innovation Established

On 1st February 2013, Callaghan Innovation was established to better assist innovative NZ businesses...
 

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