The PPSA Register Goes Live Today!
(30 January 2012)

The PPSA (Personal Property Securities Act) register goes live on the 30 January 2012.  What is it and how does it affect your business? ..more

Samsung v Apple – Galaxy Tablet allowed to sell in Australia
(9 December 2011)

The High Court of Australia today denied Apple's request for special leave to appeal against the Full Federal Court's decision effectively allowing Samsung to market its Galaxy tab 10 .1 in Australia pending a final hearing on Apple's patent infringement action.....more

A bitter pill for Samsung to swallow in its tablet war with Apple
(2 December 2011)

When it allowed Samsung's appeal against the grant of an interlocutory injunction preventing the importation and sale in Australia of Samsung's Galaxy Tab 10.1 tablet computer,the Full Federal Court stayed its order lifting the injunction until 4:00 pm today.....more

Samsung v Apple – Samsung’s appeal allowed by the Full Federal Court (30 November 2011)

Samsung Electronics Co. Limited v Apple Inc. [2011] FCAFC 156 (30 November 2011). The Full Federal Court (Justices Dowsett, Foster and Yates) has today allowed Samsung’s appeal against Justice Bennett’s decision to grant an interlocutory injunction to prevent Samsung from importing, selling, etc. its Galaxy Tab 10.1 tablet computer. This will come as a relief to Samsung which was expecting healthy sales in the lead up to Christmas.....more

The Gene Patents Debate in Australia - An Update
(24 November 2011)

The patentability of genetic materials has been the subject of considerable community debate in Australia and elsewhere in recent years. Several inquiries have been held in Australia, including the Senate Gene Patents Report (24 November 2010), the 2011 ACIP Report on Patentable Subject Matter, and the 2004 Australian Law Reform Commission’s Report on Genes and Ingenuity: Gene Patenting and Human Health (ALRC 99 Report). One of the recommendations of the Senate Gene Patents Report was that the Government provide a combined response to these Reports.....more

Tablet Wars in Australia: Apple and Samsung, the story so far...
(15 November 2011)

The patent litigation between Apple and Samsung in the Australian Federal Court has received much attention in the print and television media.  As is widely known, Apple sought – and obtained – an interim (interlocutory) injunction against Samsung for anticipated infringement of two patents, thereby preventing Samsung from offering for sale in Australia its Galaxy Tab 10.1..".....more

IP Costs Export Grant for 2010-11 Deadline: 30 November 2011
(10 November 2011)

As previously reported in our news alert in August 2009, Export Market Development Grants are available for small to medium sized businesses. The deadline for the 2010-11 year applications is 30 November.".....more

"Sunrise Period" Available For Trade Mark Owners To Protect Misuse Of Their Trade Marks In The New .xxx Domain
(29 September 2011)

Trade mark owners wishing to prevent any misuse of their registered trade marks by third parties seeking to register corresponding domain names in the .xxx gTLD name space have a window of opportunity to 28 October 2011 under a pre-launch "sunrise period" to reserve their trade marks with the Registry of .xxx domain names. The reservation is a one-off process (including a reservation fee) open to owners of trade marks which have been registered (in any jurisdiction) prior to 1 September 2011 or for the owners of existing domain names which have been registered prior to 1 February 2011. Reserved domain names will resolve to a standard information page indicating the status of the domain name as being "reserved".....more

U.S. Patent System Overhaul
(23 September 2011)

As mentioned in our Newsalert of 13 July 2011, the U.S. has moved to substantively overhaul its patent system. Last Friday, President Obama signed the “America Invents Act” into law, making a number of significant reforms to U.S. patent law. Some reforms take effect immediately and others will commence in 12 or 18 months. Many official fees of the U.S. Patent and Trademark Office (USPTO) will increase by 15% on 26 September 2011. Also, commencing 14 November 2011, the USPTO will charge a $400 surcharge for a U.S. patent application that is not lodged electronically.....more

Senate Committee says NO to Gene Patents Bill
(22 September 2011)

Our News Alert of 25 November 2010 reported on the introduction of the Patent Amendment (Human Genes and Biological Materials) Bill 2010 to the Australian Parliament. The Bill proposes significant amendments to the Patents Act (1990), specifically to exclude gene sequences and other biological materials from patentability in Australia. The Bill was immediately referred to the Senate Legal and Constitutional Affairs Legislation Committee for further inquiry and report. The Report of the Senate Committee was released on 21 September 2011, concluding that “the Committee recommends that the Senate should not pass the Bill."......more

New Zealand Trade Marks Amendment Bill 2008 Passed
(14 September 2011)

The New Zealand Trade Marks Amendment Bill 2008 (“the Bill”), introduced into New Zealand’s Parliament 3 years ago as the Trade Marks (International Treaties and Enforcement) Amendment Bill 2008, was passed after its second reading on 8 September 2011. The amendments introduced by this Bill include bringing New Zealand further in line with international trade mark practice, increase the enforcement powers of the New Zealand Customs Service and the National Enforcement Unit, and clarify issues relating to parallel importation......more

Copycat Products Notes: Bodum's Chambord coffee plunger wins Federal Court appeal (11 August 2011)

In a surprising result, a majority of the Full Federal Court of Australia has upheld an appeal by the Bodum Group in a long running dispute about a “copy” CHAMBORD coffee plunger.......more

Significant Patent Developments in the EU and US
(13 July 2011)

This news alert highlights a number of current legal and commercial events relating to patents in Europe and the United States. These come as a timely reminder of the value of a well-crafted patent portfolio. At the same time, a recent U.S. Supreme Court decision reiterates the importance of properly securing those patent assets in the first place.....more

New IP Laws Introduced to the Australian Parliament
(24 June 2011)

Our News Alert of 4 March 2011 reported on the INTELLECTUAL PROPERTY LAWS AMENDMENT (RAISING THE BAR) BILL 2011 which proposes significant changes to Australian Intellectual Property laws. This News Alert is to advise that the Bill has now been formally introduced into the Australian parliament.....more

Senate Committee Inquiry into the Patent Amendment (Human Genes and Biological Materials) Bill 2010 - Reporting Date Extended
(16 June 2011)

Our News Alert of 25 November 2010 reported on the introduction of the Patent Amendment (Human Genes and Biological Materials) Bill 2010 to the Australian Parliament. The Bill proposes significant amendments to the Patents Act (1990), specifically to exclude gene sequences and other biological materials from patentability in Australia. The Bill was immediately referred to the Senate Legal and Constitutional Affairs Legislation Committee for further inquiry and report.....more

US Federal Court Restricts Inequitable Conduct Challenges
(3 June 2011)

An important decision on US patent law was handed down last week, greatly curtailing challenges against US patents on the basis of alleged inequitable conduct by patentees. An enlarged panel of judges in the Court of Appeals for the Federal Circuit (CAFC) delivered the judgment on 25 May 2011 in Therasense, Inc v Becton, Dickenson & Co. (Fed. Cir. 2011) (en banc).....more

A single patent application and examination process for AU and NZ patent applications (13 May 2011)

Since August 2009, the Australian and New Zealand governments have been focussing on a Single Economic Market (SEM) framework, which aims to accelerate trans-Tasman regulatory integration including in the area of Intellectual Property Law.....more

Tobacco Plain Packaging Bill 2011 - Exposure Draft Released
(12 April 2011)

On 7 April 2011, the Australian Commonwealth Government released an exposure draft of the Tobacco Plain Packaging Bill 2011 (“Bill”) which is described as a Bill for an Act to discourage the use of tobacco products, and for related purposes....more

US "Fast-Track" Examination of Patent Aplications
(7 April 2011)

A new program allowing applicants to request prioritised (fast-track) examination of US patent applications was announced this week by the United States Patent and Trademark Office (USPTO). Fast-track processing seeks to reduce examination of an application to 12 months, from the current typical timeframe of 3 years. This program is part of an overhaul of the USPTO’s examination system giving applicants greater control of when their US patent applications are examined...more

Assistance for Japanese Applicants in Australia
(26 March 2011)

On Wednesday this week, the governmental agency IP Australia expressed its support for the Japanese people in the wake of the recent earthquake and tsunami disasters, and reminded the public of existing extension of time provisions that are available for applicants affected by circumstances such as natural disasters..more

Key changes relating to the Pharmaceutical/Life Sciences areas: Intellectual Property Laws Amendment (Raising the Bar) Bill 2011
(15 March 2011)

The proposed transitional provisions are those which will govern the manner in which the new laws are applied. The transitional provisions of most concern are those set out in Schedule 1 item 39(1) and Schedule 6 item 132(7)...more

Transitional Provisions in the proposed IP Laws Amendment Bill
(15 March 2011)

In a recent article we alerted you to the proposed Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 and accompanying explanatory memorandum. As summarized in our article the proposals include wide-ranging and significant reform of Australian patent laws. The proposed Bill has been released for public comment and is available on IP Australia’s website (www.ipaustralia.gov.au). The deadline for submission of comments to IP Australia is 4 April 2011.. . ..more

Significant Australian Intellectual Property Law Changes Proposed
(4 March 2011)

On March 2, 2011, the Australian Government published a draft INTELLECTUAL PROPERTY LAWS AMENDMENT (RAISING THE BAR) BILL 2011, and an accompanying Explanatory Memorandum ("EM"). These are substantial documents, being 102 pages and 118 pages respectively. Their release follows consultation papers and stakeholder submissions during 2009 and 2010. The draft Bill covers many diverse aspects of IP. . ..more

Combined Examination for Australian and New Zealand Patent Applications
(16 February 2011)

A future single examination process for patent applications made in both Australia and New Zealand was jointly announced by Prime Ministers Julia Gillard and John Key on 16 February 2011. ..more

Change in Patent Office practice for divisional applications
(1 February 2011)

On 1 February 2011 the Australian Patent Office published an amendment to their “Manual of Practice and Procedure” for Examiners. The amendment relates to the Patent Office’s internal handling of divisional applications..more