Phillips Ormonde Fitzpatrick Farewells Managing Principal Ross McFarlane

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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A Class Act (OK, they’re actually only Regulations)

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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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400 Years of the Statute of Monopolies

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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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 Statement of Reconciliation

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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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Maybe Not the Whole Kit and Caboodle!

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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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The real cost of “faking it”

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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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A milestone for trade mark non-use applications

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Saturday, 24 February 2024, marks a milestone for Australian trade mark registrations.  Amendment to s.93(2) of the Trade Marks Act provided that applications for cancellation of a trade mark registration for non-use under s. 92(4)(b) may only be filed after three years from the date the particulars of the trade mark were “entered into the Register”. Prior to the …
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