Feedback Sought on Issues with Using IP Australia’s New Online Services Platform
With the impending decommissioning of IP Australia’s eServices Platform feedback is being sought on any issues users of IP Australia’s New Online Services Platform have had.
Forward to the Past – EU Consults on GI Protection for Non-Agricultural Products
The European Commission has opened a public consultation on whether to create EU-wide harmonised protection for indications of geographical origin in relation to non-agricultural products.
Plant Variety Rights Bill Introduced to Parliament
Following on from the September 2018 Issues Paper, the July 2019 Options Paper and the August 2020 Outstanding Issues Paper, the Government has now introduced the Plant Variety Rights Bill 2021 to Parliament with the expectation of replacing the Plant Variety Rights Act 1987.
Specialist Market Evidence Principle Not Applicable Under Section 25(1)(b) for Dissimilar Goods
In Guangzhou Baiyunshan Pharmaceutical Holdings Co Ltd v Multi Access Limited 2021 NZIPOTM 8 the Assistant Commissioner confirmed that where goods in a specialist market are found to be dissimilar there is no residual onus on the applicant to establish that deception or confusion is not likely under section 25(1)(b).
Full Court Finds ‘In Prescribed Circumstances’ Only Allows Narrow Construction
In Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd 2021 FCAFC 65 the Full Court of the Federal Court (FCAFC) has allowed Fuchs’ appeal finding that Quaker’s standard and innovation patents were invalid on account of prior public disclosure.