Australian Patent Office in favour of Blockchain…for the moment

E-commerce giant Alibaba has had a win before the Australian Patent Office in relation to an application for their technology which improves privacy on the blockchain. In a recent decision, the Delegate found that Alibaba’s patent application satisfies the manner of manufacture requirement, and that amendments made to address an objection were valid and supported …
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The best method of clearing a path for generic market entry

A recent interlocutory decision[1] of Justice Beach has considered the various ways to accelerate litigation through use of strike out motions, summary dismissal and expedited trial.  The decision also provides important guidance on the Court’s approach to the increasingly potent ground of best method as a means of attacking patents and some insights for pharmaceuticals …
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IDAHOBIT 2021

International Day Against Homophobia, Biphobia, Intersexphobia & Transphobia (IDAHOBIT) is on 17 May.  It celebrates LGBTQIA+ people globally and raises awareness for the work still needed to combat discrimination.  This year’s theme is Together: Resisting, Supporting, Healing! The powerful theme was chosen due to the recent challenges that the world has faced this past year. …
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Lack of Entitlement breaks glass vase design

The validity of an Australian design registration requires that the registered owner is properly entitled to the design rights. The Australian Designs Office decision in Manuel Canestrini v Ilan El[1] demonstrates that a failure to satisfy this requirement can result in revocation of a design registration. The decision also highlights that a request for revocation …
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Designs Amendment Bill 2020 – What you need to know

The Designs Amendment (Advisory Council On Intellectual Property Response) Bill 2020 was introduced into Parliament on Wednesday, 2 December 2020. In broad terms, the Bill is intended to provide greater flexibility for designers during the early stages of seeking design protection. It also seeks to clarify and simplify aspects of the designs system. Some noted key features …
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Biometric Data and Privacy

As the Covid-19 pandemic has swept across the world, organisations have increasingly looked to new, contactless technology. Biometric data is a powerful tool for identification which enables much of our modern contactless technology. This technology is underpinning the careful balancing act that is sustainably managing the ongoing health risks posed by COVID-19, and the reopening …
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Katie v Katy: A rose by any other name

Trade mark owners can invest considerable effort in promoting and establishing the reputation of their brand, and so are justifiably angered if someone else comes along and starts using the same mark. Normally, registering your trade mark means that you would have remedies against an infringing third party – but what happens when your brand …
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