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Intellectual Property

Intellectual Property
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Intellectual Property

Practical strategies for obtaining expert evidence in intellectual property proceedings

As intellectual property law develops through changes to legislation and continued litigation through the courts, and changes to Court Rules and Practice Notes occur, the ways in which experts are instructed and evidence is obtained from them has also needed to change and evolve.
December 9, 2024
Intellectual Property

New standalone legislation for protection of Indigenous cultural and intellectual property

The Australian Government is currently undertaking a scoping study to determine how new stand-alone legislation could help Aboriginal and Torres Strait Islander people to protect and commercialise Indigenous Cultural and Intellectual Property.
May 3, 2024
Intellectual Property

Franchisors beware: Major Australian franchisor fined to the tune of $1.5 million

A record fine for contempt of court in a proceeding brought by the competition watchdog has been ordered against a franchisor by the Federal Court of Australia.
April 8, 2024
Intellectual Property

Call It What You Want: Branding lessons from Taylor Swift

Many people are becoming tired of hearing about Taylor Swift after the Australian leg of her Eras Tour swept the country recently.
March 7, 2024
Intellectual Property

Can 'indifference' excuse liability for copyright infringement?

A recent decision by the High Court of Australia has affirmed that companies that are 'indifferent' to copyright infringement can be held liable for authorising the infringement, but that specific evidence is needed to prove this.
February 5, 2024
Intellectual Property

Reversing the burden of proof in patent infringement proceedings

The recent case of Calix Limited v Grenof Pty Ltd & Aquadex Pty Ltd (Calix v Grenof) marks the first time the Federal Court of Australia has analysed section 121A of the Patents Act 1990 (Cth) (Act), a provision that reverses the burden of proof in patent infringement proceedings under specific circumstances.
May 29, 2023
Intellectual Property

Patent infringement defence reaches boiling point at trial

The importance of selecting appropriately skilled expert witnesses for patent infringement cases was highlighted in a recent Federal Court of Australia decision.
May 2, 2023
Intellectual Property

NZ honey producers withdraw from battle over “Manuka Honey” trade mark: lessons from the dispute

The recent end to the Manuka Honey trade mark dispute has demonstrated the importance of distinctiveness when seeking to register certification trade marks in Australia and overseas.
February 1, 2023
Intellectual Property

Federal Court rules accounts of profits for patent infringement to be apportioned

Overseas Courts may consider the substance of an invention (distinct from the invention as claimed) when assessing the account of profits for infringement of a patent.
December 22, 2022
Intellectual Property

New penalties and expansions for unfair contract terms in standard form contracts

Any businesses that supply goods or services to consumers or small businesses using standard form contracts should be aware of important changes coming to the current unfair contract terms regime.
November 30, 2022
Intellectual Property

Queensland’s Enterprise Acceleration Fund – $24m for Sunshine State start-ups

Queensland start-ups may soon be eligible for an investment of anywhere from $500,000 to $2.5 million from a new “Enterprise Acceleration Fund”.
October 13, 2022
Intellectual Property

Stalemate in the High Court: an even split on computer-implemented inventions

The question whether computer-implemented inventions are patentable subject matter has perplexed the IP community and the courts in Australia (and other countries) for some time.
October 4, 2022
Intellectual Property

Just what the doctor ordered: An overview of Australia’s medicinal cannabis licensing regime

Growing acceptance of medicinal cannabis as a treatment for a wide range of conditions including epilepsy, anxiety and chronic pain, has seen regulations around its cultivation amended to support the industry in Australia.
July 28, 2022
Intellectual Property

TGA sets sights on social media influencers with the introduction of new advertising code

The Therapeutic Goods Administration’s (TGA) new advertising code aimed at tackling false and misleading advertising by social media influencers has come into force following a six month transition from the old code.
July 14, 2022
Intellectual Property

A new online Franchise Disclosure Register – what does this mean for franchisors?

Franchising laws have changed, yet again! This time, with the introduction of the online Franchise Disclosure Register (Register).
July 11, 2022
Intellectual Property

Modern Issues with Modern Art: the risks and rewards of NFTs

The world of crypto is growing at light-speed. What started off as a largely mysterious phenomena called “bitcoin” has now become a more accepted and legitimate form of currency.
January 13, 2022
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