IP News - Page 54 of 131 - Phillips Ormonde Fitzpatrick

New Zealand Patents Act 2013: Traps for young (and old!) players

September 9, 2014
by Graham Cowin, Former POF Attorney

Closer inspection of the changes to the New Zealand patent law, commencing on 13 September 2014, has revealed the following nuances (or perhaps more accurately nuisances) arising from the changes.

Australian Trade Mark Non-Use Proceedings Round-Up 4 September 2014

September 9, 2014
by Mark Williams, Special Counsel

An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 4 September 2014. If you wish to start any non-use proceeding against trade marks of others, or if your own trademarks have had non-use proceedings brought against them by third parties, please contact us.

Intellectual Property Litigation Round-Up –5 September 2014

September 8, 2014
by Mark Williams, Special Counsel

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 5 September 2014. 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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Full Federal Court Confirms Isolated DNA and RNA are Patentable

September 5, 2014
by Dr Mark Wickham, Principal

In D’Arcy v Myriad Genetics Inc [2014] FCAFC 115, five judges in the Full Federal Court of Australia have unanimously upheld a Federal Court decision that isolated nucleic acid such as isolated DNA and RNA is patentable subject matter in Australia. From our initial review, the Full Federal Court decision sets out not only the …
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The Telstra Directories Case: Firmer Ground for Threats of Copyright Infringement?

September 5, 2014
by Annette Rubinstein, Former POF Attorney

Section 202 of the Copyright Act states that where a person threatens another person with an action or proceedings in respect of infringement of copyright, a person aggrieved may bring an action against the person making the threats and “may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against …
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Isolated DNA and RNA remain patentable subject matter in Australia

September 5, 2014
by Dr Mark Wickham, Principal

On 4 March 2013, a Notice of Appeal was filed by cancer survivor Yvonne D’Arcy against the decision of Cancer Voices Australia v Myriad Genetics Inc [2013] FCA 65 (“Cancer Voices”), which held that isolated nucleic acid such as isolated DNA and RNA is patentable subject matter in Australia. The Notice of appeal set out a number of …
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Australian Trademark Opposition Round-Up 4 September 2014.

September 3, 2014
by Mark Williams, Special Counsel

An Australian Trademark Opposition Round-Up from the Trade Mark Office Journal dated 4 September 2014. If you wish to oppose the registration of trade marks of others, or if your own applications have been opposed by third parties, please contact us.

Trade Marks: Creative Thinking on Aspects of Packaging Bears Fruit

September 2, 2014
by Mark Williams, Special Counsel

Trade marks, in the traditional sense, act as a badge of origin which indicates to the consumer where the product is from as well as the quality of the product. Historically, manufacturers of consumer goods have used trademarks in the form of words and logos/devices. More more recently trademarks for consumer goods have extended to …
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Australian Trade Mark Non-Use Proceedings Round-Up 28 August 2014

September 1, 2014
by Mark Williams, Special Counsel

An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 28 August 2014. If you wish to start any non-use proceeding against trade marks of others, or if your own trademarks have had non-use proceedings brought against them by third parties, please contact us.

Blogger liable for misleading and deceptive conduct

September 1, 2014

In Nextra Australia Pty Limited v Fletcher [2014] FCA 399 the Federal Court held that a blogger was liable for misleading comments that he made about a flyer published by a competitor.