When function trumps form in design registrations

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Registered designs protect the overall appearance of products resulting from their visual features. Whilst it is the appearance rather than the functionality of a product which is protected, a functional product may nevertheless be the subject of design registration. Indeed, section 7(2) of the Designs Act 2003 specifically provides that a visual feature may, but need not, serve a functional purpose. The recent decision …
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Slag granulation spins a landmark deal for CSIRO

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POF client Commonwealth Scientific and Industrial Research Organisation (CSIRO), has recently signed a landmark collaboration agreement with Chinese company Beijing MCC Equipment Research and Design Corporation Ltd (MCCE) for the mineral resources flagship dry slag granulation (DSG) technology. The new agreement and co-operation mark a heightened level of collaboration and interest in CSIRO technologies and expertise from China, which has the largest mining and mineral processing …
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Australian Government seeks stakeholder views on abolishing the innovation patent system

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One of the objectives of the Australian innovation patent system is to stimulate innovation in Australian small to medium enterprises.  An innovation patent requires a lower level of innovation than the standard patent and provides an eight-year monopoly and equal remedies to a standard patent, and has a number of benefits, as discussed in our …
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The benefits of Australian innovation patents

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Innovation patents were introduced over 10 years ago, and continue to provide a powerful tool for patentees in Australia. It is the low validity level of innovation patents which provides benefit to patentees. However, there are additional benefits including the speed of grant and the relatively low cost involved. What is an innovation patent? Innovation patents can protect innovations or developments that would …
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New Federal Government Programme established to aid small business – $20k available in matched funding

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On 1 July 2015, an Entrepreneurs’ Infrastructure Programme was launched by the Federal Government with the aim of driving business growth and competitiveness by supporting business improvement and research connections. The Programme hopes to achieve these goals through providing small businesses with advice and guidance from experienced Business Advisers. In addition, there is also $20,000 …
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Intellectual Property Litigation Round-Up – 3 August 2015

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An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for 27 July to 31 July 2015. We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation.  …
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National security implications of international collaborations

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Globalisation and improvements in communication technology mean that it is now common for corporations, universities and research institutions to collaborate on research across the globe. Accordingly, situations occur in which inventions are being made in multiple jurisdictions by inventors with multiple and/or different nationalities or countries of residence. In many countries, there are national security requirements that an invention be filed in the country of …
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The History of Rubik’s Cube

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Many of us who were around in the 1980s will have grown up with a Rubik’s Cube, and will remember how difficult and frustrating they are to solve. Rubik’s Cube originated in the mind of Hungarian designer Erno Rubik in 1975. Erno was an instructor of Interior Design and Architecture at the Academy of Applied Arts and Crafts in Hungary. The …
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Intellectual Property Litigation Round-Up – 20 July 2015

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An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for 13 July to 17 July 2015. We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation.  …
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