Intellectual Property in the Fashion Industry

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In 2016, the global apparel market was valued at USD3 trillion  and accounted for 2% of the world’s Gross Domestic Product[1]. According to the McKinsey 2017 State of Fashion report, if ranked alongside individual countries’ GDP, the global fashion industry would represent the world’s 7th largest economy[2]. In Australia, the market value of the fashion …
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Changes to double patenting in New Zealand

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Today, new regulations come into effect which clarify the requirements for filing divisional patent applications in New Zealand. These regulations, the Patent Amendment Regulations 2018, allow a divisional application to be filed with claims that overlap in scope with the claims of the parent application (including, for example, refiling the same claim set as the …
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ESCO digs itself out of utility hole

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The Full Federal Court has confirmed that if a patent specification contains a composite promise for an invention, a failure to attain any one of the elements of the composite promise in any claim will render that claim lacking in utility. However, while the decision in ESCO Corporation v Ronneby Road Pty Ltd [2018] FCAFC …
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Is there a glimmer of hope for our besieged 2nd tier innovation patent system?

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Australia’s innovation patent system is championed by IP professionals and small to medium enterprises, but has been by under fire from the Productivity Commission for some time on the basis that the system was viewed as producing low value patents and created uncertainty for innovators in relation to infringement of other party’s patents. As a …
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Tackling online sales of counterfeit goods: Tips from INTA and POF’s anti-counterfeiting team

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Pre-internet, the local sale of counterfeit goods was considered a fairly limited trade – limited to shady figures in ‘Rollex’-lined coats and mobs operating from the boots of back-alley cars. Today, however, internet shopping has seen immeasurable growth in the trade of counterfeit goods. There are countless sales platforms and the breadth of product types …
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Brexit Update – Draft Agreement provides EU rights to be automatically maintained in the UK

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Under a recently published Draft Agreement, the European Union (EU) and the United Kingdom (UK) have agreed at a negotiator’s level that any person holding a registered or granted European trade mark, design or plant variety right before the end of the ‘transition period’ will automatically become the holder of an equivalent IP right under …
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Reading the fine print: When will refurbished goods infringe a patent?

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Businesses that purchase Australian patented goods are free to use them in any manner desired unless the patentee imposes conditions at the time of sale. However, does this still apply when the purchased goods are modified in the course of refurbishment and resold? This issue was recently considered by the Federal Court in the patent …
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