The importance of conducting clearance searches prior to launching a new brand or product line has again been highlighted by the decision in The Agency v H.A.S Real Estate. Ultimately the court found that HAS had not infringed The Agency’s trade marks due to a lack of sufficient similarity between the signs as registered and …
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The burden on parties seeking an extension of time to file evidence in trade mark oppositions has been lowered effective 31 July 2023 following an Official Notice issued by IP Australia. The Trade Marks Regulations provide a basis for extensions of time where a party can show that despite making all reasonable efforts to comply …
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The Republic of Peru has appealed a decision from the Australian Trade Marks Office to refuse to grant the country trade mark rights to the word pisco. The Peruvians sought to register the sign PISCO in Australia by filing an application in 2019. The trade mark examiner refused to accept the mark for registration, so …
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American popstar Katy Perry recently lost a trade mark infringement dispute[1] filed in 2019 by Sydney-based fashion designer Katie Taylor. The battle of the Katies started more than 15 years ago: Australian Katie Taylor, born Katie Jane Perry (The Designer) started designing and selling clothes under the brand KATIE PERRY in 2007 and filed a trade …
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The Australian Federal Court yesterday confirmed that the accepted patent application owned by ToolGen Inc. and directed to CRISPR/Cas9 systems and methods of genome editing in eukaryotic cells contains no patentable claims.1 The Court found that all claims of ToolGen’s application2 lacked entitlement to the earliest priority date,3 lacked novelty or inventive step, and were …
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Following the 2012 Raising the Bar reforms, Australia’s Patents Act requires that patent claims are supported by matter disclosed in the specification. This means that the description must enable a skilled person to perform the invention across the full breadth of the claim without undue burden, and the claim scope must be commensurate with the …
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We are pleased to announce that POF achieved a Tier 1 (Gold) Ranking in the 2023 IAM Patent 1000, citing our tailored and commercially focussed IP services and our Asia Direct filing model as stand-out features of the firm. Many of our attorneys were also individually recognised for their outstanding work. POF Managing Principal Ross McFarlane once again …
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IP Australia is proposing to modernize the Australian designs system to allow design protection for: Products with no physical form, such as icons, interfaces, virtual reality and augmented reality; Partial designs of products made in one piece. As an example, a design for a cup handle would now be capable of being separately registered, even …
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IPONZ recently published an update advising that they have removed late payment fees for PCT applications where IPONZ is the designated Receiving Office: For new PCT applications from 15 May 2023: We will no longer charge late payment fees for these PCT applications. If the application fees are not paid by the deadline, we will …
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An Indian government authority is attempting to secure trade mark rights in Australia for the term BASMATI, in a bid to prevent its use for rice grown outside the country. The Agricultural and Processed Food Products Export Development Authority (the Authority), has sought protection for the term as a geographical indication by way of a …
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