POF news - Page 22 of 46 - Phillips Ormonde Fitzpatrick

ACCC seeks input on draft guidelines regarding the repeal of S51(3) exemption

July 15, 2019
by David Longmuir, Principal

Following the repeal of the IP exemption in s51(3) of the Competition & Consumer Act (the CCA), the Australian Competition and Consumer Commission (the ACCC) has released draft guidelines setting out its interpretation of the impact of the change. The ACCC is seeking input from third parties on its proposed approach (the draft guidelines can …
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US Trade Marks to require a US-licensed Attorney

July 12, 2019
by Russell Waters, Principal

The US Patent and Trademark Office has announced that, as of 3 August 2019, all foreign-domiciled trademark owners must be represented by an attorney who is licensed to practice law in the US. Currently it is possible for foreign-domiciled owners to file submissions at the USPTO directly on their own behalf, although if they do …
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AU-EP Patent Prosecution Highway Extended

July 9, 2019
by Dr Jon Wright, Former POF Attorney

Following a successful three-year trial, the European Patent Office (EPO) and the Australian Patent Office (IP Australia) have agreed to extend the bilateral Patent Prosecution Highway (PPH) pilot program between them for a further three years. This bilateral PPH pilot program enables applicants with either an accepted (or granted) patent application in Europe or Australia, …
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Entitlement to ownership of a design registration: Get it right or risk losing it!

July 5, 2019
by Peter Wassouf, Senior Associate

At the core of the right to ownership of a registered design is the fundamental principle of entitlement derived from creation of the design. Ultimately, entitlement flows from the person who created the design, but may reside for example with their employer. An issue that often arises is who the actual designer is, particularly where …
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Congratulations to our new Partner, Special Counsel and Senior Associates

July 1, 2019

We are delighted to announce four new appointments effective from 1 July, 2019. Managing Partner Ross McFarlane says: “The lifeblood of our business is our outstanding people. On behalf of my fellow partners, I am delighted to celebrate Phillips Ormonde Fitzpatrick’s continued success through the elevation of these highly talented attorneys/lawyers.” Anita Brown – Partner …
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Are interlocutory injunctions becoming harder for pharmaceutical patentees?

June 27, 2019
by David Longmuir, Principal

A number of Federal Court decisions from 2019 suggest that the balance may be shifting away from originators in the battle for interlocutory injunctions in pharmaceutical patent matters. The decision by Justice Jagot in Sigma Pharmaceuticals v Wyeth[1] is significant. It is the first time the Court has considered the compensation to be awarded pursuant …
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Getting the most out of your IP: Questions from start-ups

June 20, 2019
by Alyssa Telfer, Principal

POF recently co-hosted the Springboard Enterprises Life Sciences Bootcamp and participated in a roundtable to address IP-related concerns from founders seeking to expand and globalise their enterprises. Some of the common questions that arose during this event related to optimising and prioritising investment in IP, Freedom to Operate and prior art searching. Optimisation and Prioritisation …
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First Flex of revised Copyright Act “whack-a-mole” provisions

May 30, 2019
by Mark Williams, Special Counsel

Since 2015, copyright holders have been able to seek injunctions against Internet Service Providers requiring them to block their customers from accessing sites which contain infringing content by way of Section 115A of Australia’s Copyright Act 1968. These provisions, equivalents of which exist in a number of other jurisdictions, have been colloquially known as “whack-a-mole” …
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IDAHOBIT 2019

May 17, 2019

IDAHOBIT , the International Day Against Homophobia, Biphobia, Inter-sexism and Transphobia is today. Launched in 2004 to celebrate LGBTIQ people globally, today, we use IDAHOBIT to champion inclusion, and build a better world for the LGBTIQ community. To celebrate the day, POF hosted a morning tea in each office – with the team dressing in …
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Less than 7 months before new Singaporean patent law comes into effect!

May 1, 2019
by Dr James Burnley, Senior Associate

Frequent users of the Singapore patent system should be aware that 1 January 2020 marks the date at which a recently re-read bill before the Singaporean parliament will come into force, demarking some significant changes. Some of the proposed changes are likely to be favourable for patent applicants, some possibly not quite so. The “bad …
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