IP News to Peruse
In InterAg v Bayer Intellectual Property GmbH 2020 NZIPOTM 21 the Assistant Commissioner revoked a trade mark after finding that a ban on the use of a product did not constitute special circumstances sufficient for justifying the non-use of a registered trade mark that was used in relation to a product that contained the banned product.
Read moreIn Tigercat International Inc v Caterpillar Inc 2020 NZIPOTM 18 the Assistant Commissioner denied Caterpillar’s request to halt a second proceeding involving an identical mark covering the same and some additional class 7 goods primarily due to the potential relevance of their different filing dates and the consequent absence of issue estoppel.
Read moreThe Australian Government’s Department of Industry, Science, Energy and Resources has commissioned a Patents Accessibility Review with a view to ensuring that the standard patent system is as accessible as possible to Australia’s Small and Medium Sized Enterprises (SMEs).
Read moreThe recent Assistant Commissioner’s decision Waiwera LLC v Savernake Holdings Ltd [2020] NZIPOTM 16 involved actions against some of each side’s applications or registrations, with Savernake being successful in both respects despite being yet to trade.
Read moreIn the recent Canadian Federal Court decision Choueifaty v Canada (Attorney General) 2020 FC 837 the Judge rejected the problem-solution approach to claim construction, finding that that interpretive framework can restrict the purposive construction of the claims.
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