War on copycats within the fashion industry

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Many businesses face the threat of copycats.  Therefore, it is essential to be proactive and protect your business as much as possible.  State of Escape, the business behind the popular perforated neoprene tote bags, has had its fair share of copycats.  In a Q&A below, with Anita Brown of Phillips Ormonde Fitzpatrick, their business’ co-founder, …
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Recognised POF practitioners in 2019 – MIP IP Stars Awards

We’re proud to announce that a number of POF attorneys have been named among this year’s IP Stars, the 250 Women in IP, and Rising Stars in the 2019 MIP IP Stars awards. This year, our Patent Stars were Managing Partner Ross McFarlane, along with Partners Saskia Jahn, Dr Edwin Patterson and Alyssa Telfer. Alyssa also managed …
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A question of form

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On 17 May 2019, the Federal Court of Australia handed down a decision in Gram Engineering v Oxworks[1], finding that Oxworks had manufactured and sold a product that infringed the claims of Gram’s Australian Patent No. 2004291566. The Patent The Patent relates to fencing, and more specifically to fence elements – known as plinths – …
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New IPONZ Fee Schedule

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The New Zealand Patent Office (IPONZ) has recently published a schedule of fees which will take effect as of 13 February 2020.   Amongst the wide-ranging increase in rates, some of the most significant relate to excess claim fees, renewal fees and requesting examination. Excess Claim Fees Unlike many other patent offices around the world, there …
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Innovation Patent one step closer to the guillotine

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Further to our blog post in September on the future of the innovation patent, the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) (“Part 2 Bill”) passed the Australian Federal Senate on 16 October 2019.  The Australian patent system provides for the filing of “standard” and “innovation” patent applications.  Innovation …
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Malaysia officially joins the Madrid Protocol

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On 27 September 2019, Malaysia became the latest country to join the Madrid Protocol which provides for the international registration of trade marks. It became the 106th Member of the Protocol, which now covers 122 countries. Applicants from any of the 106 Members, including Australia, will now be able to file multi-national trade mark applications …
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IP Australia weighs in on Encompass v Infotrack and patentability of software

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As we recently reported, the judgment in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161 (Encompass) endorsed the earlier Research Affiliates and RPL Central decisions, and the law as it relates to patentable subject matter in Australia (manner of manufacture) in the context of computer implemented inventions (software patents).   IP Australia has now advised that the judgment …
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Australian Innovation Patents likely to be abolished

In July 2019, IP Australia announced a Bill[1] which phases out the innovation patent system.  This Bill is currently being considered by Parliament, marking the start of the legislative process that will likely remove this useful form of patent filing from Australian practice. However, there is still a window in which Innovation patents can be filed, …
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