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IP News to Peruse

Specialist Market Evidence Principle Not Applicable Under Section 25(1)(b) for Dissimilar Goods

12th May 2021

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).

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Full Court Finds ‘In Prescribed Circumstances’ Only Allows Narrow Construction

6th May 2021

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.

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Launch Date of Eurasian Industrial Designs Announced

4th May 2021

From 1st June 2021 it will be possible to apply for a Eurasian Design, with applications able to be made either directly with the Eurasian Patent Office or through one of the member states.

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Incredible Claims Held to Lack Credibility

30th April 2021

The Court of Appeal for the Federal Circuit’s (CAFC) recent decision In Re Hu 19-2104 involved consideration of whether patent applications that violated currently established laws of physics were sufficiently enabled and whether the onus of establishing their unpatentability had been discharged.

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Invalidity Decision Against Lego’s Building Blocks Held to Not Stack Up

28th April 2021

In Lego AS v EUIPO T-515/19 the General Court upheld Lego’s appeal, finding that the EUIPO Boards of Appeal erred in considering whether Lego’s design application relating to a toy building block is invalid.

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