AU Designs Amendment Bill Enacted with Split Commencement
The Australian Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 was assented to on 10th September 2021 and was registered on 16th September 2021.
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IP News to Peruse
Negative Limitations in Patent Claims – Are They All Bad?
The conventional wisdom is that, in claim drafting, negative limitations should be avoided. Where possible, it is better to express a limitation in positive terms than negative. This is generally considered best practice.
Read moreZespri Prevails Despite Minor Technical Setbacks to Infringement Findings
In Haoyu Gao v Zespri Group Ltd 2021 NZCA 442 the Court of Appeal overall upheld the infringement findings in the trial Judge’s decision, but found that Gao’s assumed authority to licence a Chinese grower did not infringe Zespri’s New Zealand plant variety rights (PVRs).
Read moreCan the Dimensions of a Patented Device be a Trade Secret?
The recent Court of Appeals for the Seventh Circuit (CA7C) decision Life Spine Inc v Aegis Spine Inc 21-1649 held that Life Spine’s patent for spinal implant technology did not undermine a District Court’s preliminary injunction that included a finding of trade secret misappropriation in relation to the spinal implant technology.
Read moreProposed Changes to Canadian Patent Examination Seek to Motivate Focussed Prosecution
Stemming mainly from its obligations under the Canada-United States-Mexico Agreement (CUSMA) the Canadian federal government has notified amendments to the Patent Rules that it seeks to implement.
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