Maybe Not the Whole Kit and Caboodle!

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Many of our clients make use of the Australian Registered Designs system to protect the unique appearance of their products.
 The good news is that what constitutes a ‘product’ as defined by the Australian Designs Act 2003 is broad, and includes: -a thing that is manufactured or handmade;-a separately made component part of a complex …
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The real cost of “faking it”

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We are pleased to see the Australian Broadcasting Company tackle the topic of counterfeiting in its Foreign Correspondent “Faking It” program available on ABC TV and iView. The television show highlights numerous issues faced by brand owners (including some POF clients) in order to deal with fake items in the UK but also worldwide. These …
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A milestone for trade mark non-use applications

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Saturday, 24 February 2024, marks a milestone for Australian trade mark registrations.  Amendment to s.93(2) of the Trade Marks Act provided that applications for cancellation of a trade mark registration for non-use under s. 92(4)(b) may only be filed after three years from the date the particulars of the trade mark were “entered into the Register”. Prior to the …
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A win for Grill’d HFC trade mark

Acronyms and initialisms and are frequently used by businesses to make their names more memorable and to distinguish themselves from competitors. Recently, the global fast food chain Kentucky Fried Chicken opposed an application by Grill’d seeking registration of its HFC mark (see decision in KFC THC V Ltd v Grill’d IP Pty Ltd [2023] ATMO …
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World-first CRISPR/Cas9 therapy approval opens up old IP wounds

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Vertex Pharmaceuticals Inc and CRISPR Therapeutics AG have gained a world-first regulatory approval for the use of a CRISPR-based gene editing therapy in patients, as the UK Medicines and Healthcare products Regulatory Agency (MHRA) granted conditional marketing authorisation for CASGEVY.[1],[2] CASGEVY is a therapy designed to treat sickle-cell disease and inherited blood disorders, and works …
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The proper role of expert evidence

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The decision in UbiPark v TMA Capital Australia[1] provides some useful commentary on the role of expert witness evidence in a patent infringement and revocation action. Moshinsky J, referenced various authorities at [55] to [63] on the principles of construction of a patent and the role the expert witness plays in that exercise. At [59] …
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StockX jumps on bad faith trade mark

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Trade mark squatting, where a person registers a trade mark merely to sell for a profit at a later time, is a big issue in China and a headache for many brand owners. It doesn’t occur as frequently in Australia largely due to our first to use regime which differs from China’s first to file …
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