Pipers Bulletins

Pipers issues a bulletin on a monthly basis providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia.  Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.

Contents Summary of Latest Bulletin

1. Patents

Australia

Fonterra’s Opposition Brings Perfect Day’s Accepted Application Down To (and below) Ground
In Fonterra Co-operative Group Ltd v Perfect Day Inc [2022] APO 59 an application relating to dairy substitutes was successfully opposed in a case where more careful drafting could have avoided that outcome.

Europe

Montenegro Changing from EPC Extension State to EPC Member State
From the 1st October 2022 Montenegro (ME) will be an EPC member state, thereby bringing the total number of EPC member states to 39.

PCT

PCT Fee Changes for New Zealand
Effective from 1st September 2022 the International Filing fees will change for New Zealand.

United States of America

CAFC Finds Eagle Doesn’t Drift Into Par’s Infringement Trap
In Par Pharmaceutical Inc v Eagle Pharmaceuticals Inc 21-2342 the Court of Appeals for the Federal Circuit (CAFC) affirmed a District Court’s finding that fluctuations in pH levels in a generic composition would not inevitably result in infringement.

2. Trade Marks

United Kingdom

Unfair Advantage Ruling Upheld
In Monster Energy Company v Red Bull GmbH 2022 EWHC 2155 a UK High Court Judge upheld a Hearings Office decision that allowed an opposition based on taking unfair advantage of a well-known mark without requiring a subjective intention to do so.