It is well understood that a patentee cannot receive both damages and an account of profits for the same act of infringement of its patent. A choice must be made. However, as happened in the recent decision of Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 5) [2024] FCA 58, a patentee …
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Phillips Ormonde Fitzpatrick is thrilled to announce the elevation of Duncan Joiner to be a Principal of the firm. Duncan has been a member of the Phillips Ormonde Fitzpatrick Engineering team for many years and is primarily involved in drafting and prosecuting patent applications in Australia and around the world for both local and international clients. …
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What constitutes a ‘scandalous’ trade mark is not set in stone and adapts with society as the decision in Kristopher Preston [2024] ATMO 103 demonstrates. The Trade Marks Act allows an application for a trade mark to be rejected if the trade mark is determined to relate to ‘scandalous matter’[1]. It was under this provision …
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Phillips Ormonde Fitzpatrick is grateful to have a team of unique, inspiring and talented individuals. For the past 8 years, we have been led by our Managing Principal, Ross McFarlane, however, it is with mixed emotions that we announce Ross McFarlane’s retirement from Phillips Ormonde Fitzpatrick effective 30 June 2024. Ross began his professional career …
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The Trade Mark class headings in Schedule 1 of the Trade Marks Regulations have been amended by the Intellectual Property Laws Amendment (Regulator Performance) Regulations 2024 to conform with the 12th edition of the Nice Classification, an international classification system now used by most countries. Most classes have been affected by the amendments, some in …
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29 May 2024 is an important date in the history of patent law as it marks the quadricentennial of the Statute of Monopolies (21 Jas. 1. c. 3). The Statute of Monopolies was passed by the Parliament of England and received royal assent on 29 May 1624. Although the Venetian Patent Statute of 1474 …
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At Phillips Ormonde Fitzpatrick, we are deeply committed to fostering a culture of diversity, equity, and inclusion. Our commitment to diversity and inclusion encompasses all aspects of identity, including race, gender, sexual orientation, disability, and more. We believe that embracing diversity not only enriches our firm but also strengthens our ability to make a positive …
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Australian Design Registrations are obtainable in respect of a design applied to a product. Thus, to be registrable as a design, there is a requirement that a design is present and that the design is applied to a product. In, for example, Europe, it is possible to obtain design registration in respect of fonts, type …
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Many of our clients make use of the Australian Registered Designs system to protect the unique appearance of their products.
The good news is that what constitutes a ‘product’ as defined by the Australian Designs Act 2003 is broad, and includes: -a thing that is manufactured or handmade;-a separately made component part of a complex …
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We are pleased to see the Australian Broadcasting Company tackle the topic of counterfeiting in its Foreign Correspondent “Faking It” program available on ABC TV and iView. The television show highlights numerous issues faced by brand owners (including some POF clients) in order to deal with fake items in the UK but also worldwide. These …
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