Claws out against the copycats – IP options to protect your fashion designs

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The fashion industry is rife with stories of knock-offs, copycats and replicas. In the lead up to the Spring Racing Carnival in Victoria, milliners have publicly slammed fast fashion stores for ripping off their bespoke designs. Under Australia’s current copyright and design laws, there are some avenues available to designers to protect their designs. However, …
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What on earth is blockchain and why should I care?

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Cryptographic trainspotters will be well aware of bitcoin and the underlying blockchain technology which was developed a number of years ago by a mysterious man named Satoshi Nakamoto (although many believe it is the work of Australian Craig Wright). In the last six months, EITC Holdings, a company believed to be associated with Craig Wright, has filed over 50 …
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Update on the global patent prosecution highway: the pilot program between Australia and Europe

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In December 2015, we reported on IP Australia’s announcement that they had signed a memorandum of understanding (MOU) with the European patent office (EPO) to increase bilateral cooperation between the two offices. One of the areas for proposed collaboration was the introduction of a bilateral patent prosecution highway (PPH) between the Australian patent office (APO) …
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Kangaroos in the ring: the case of Qantas Airways Limited v Edwards

In the recent case of Qantas v Edwards1, Yates J upheld a Trade Marks Office decision to allow registration of Luke Edwards’ kangaroo t-shirt logo (Figure 1), in respect of clothing, footwear and headwear, finding that Qantas was unable to make out either of its grounds of opposition based on deceptive similarity (section 44) or …
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Patent extension of term available for second indications for pharmaceutical substances produced with recombinant DNA

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The Administrative Appeals Tribunal (AAT) has overturned a decision of the Commissioner of Patents and found that Swiss-style claims can form the basis for a patent term extension when the production of the pharmaceutical substance involves the use of recombinant DNA technology. The decision was made by the deputy president of the AAT in AbbVie …
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#fake – the rising trade of counterfeit goods

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In April 2016, the Organisation for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO) released a report1 on global trade in counterfeit and pirated products. The report analysed nearly half a million customs seizures around the world over 2011–2013, and examined the impact of counterfeit goods on the economy and …
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Productivity Commission draft report: ‘In this country, it’s too easy to get a patent.’

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The Productivity Commission has issued a draft report concerning intellectual property (IP) arrangements in Australia. It is a broad overview of the entire IP system in Australia. In August 2015, the then Treasurer, Joe Hockey, requested the Commission undertake an enquiry into Australia’s IP arrangements. For a Commission with no previous expertise in IP law, this was a …
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