A Full Court of the Federal Court has confirmed that patents containing “Swiss-style” claims are outside the scope of the Australian patent term extension regime in its recent judgment of Commissioner of Patents v AbbVie Biotechnology Ltd [2017] FCAFC 129.
2017
Court decision highlights difficulty in challenging innovation patents
Late last month, Justice Burley handed down his decision in Doric Products Pty Ltd v Asia Pacific Trading (Aust) Pty Ltd [2017] FCA 849. The decision provides a useful illustration of how Australian Courts will approach construction, infringement and validity…
Australian Modern Slavery Act: Why big brands will have nowhere to hide
The Australian Government has just confirmed that new legislation will be introduced requiring large Australian businesses to report annually on their efforts to address modern slavery. The result will be a framework similar to the corporate-focussed legislation enacted in the…
Rebranding in the energy market – The issues to consider
A number of energy giants have recently undergone corporate rebranding exercises. The motivations of these powerhouses often vary, from unifying a group after a series of mergers and acquisitions, to repairing reputational damage, to just aligning with a new corporate…
Stay safe on social media – New ACCC guidelines
Businesses shelling out big bucks for prime advertising space are used to paying close attention to content, for the sake of the bottom line as well as out of respect for consumer law. However, it may not feel as natural…
Norton Rose Fulbright Canada LLP hosts CIPO Consultations on Trademark Regulations
From June 19 to July 21, 2017, the Canadian Intellectual Property Office (“CIPO”) held public consultations on proposed amendments to the Trademark Regulations.
The amendments, part of the modernization of Canada’s intellectual property framework, follow from changes made to…
Digging through the mud to see the damage sustained
The Full Federal Court in Australia has made it clear that, in an action for unjustified threats, a party is entitled only to damage sustained as a result of the unjustified threats under section 128 of the Patents Act 1990…
The Slants Win: SCOTUS rules “Disparaging” trademark provision unconstitutional
On June 19, 2017, the United States Supreme Court issued a much-anticipated decision, holding that the so-called “disparagement clause” of the Lanham Act is an impermissible restriction on free speech under the First Amendment. The ruling is the culmination…
US Copyright Office and electronic signatures
On May 18, 2017, the US Copyright Office proposed some regulatory changes in its requirement for a handwritten, wet signature in order to a record a document with the Copyright Office. The Copyright Office has proposed permitting electronic signatures in…
Accept no substitutes – Assignment will not cure defective trade mark filing
The Full Court of the Federal Court has issued a significant decision in relation to trade mark ownership, which reconfirms the position in relation to the assignment of trade mark applications which have been filed in incorrect applicant names. The…