Global trade is currently a clear focus between nations around the world, and we are seeing trade agreement negotiations effecting world economies in an increasingly direct fashion. As IP specialists, we are always alive to the legal developments that fall out of these negotiations, particularly how they impact domestic laws in relation to balancing the competing interests between protecting IP rights with facilitating free trade.
Update for Australian businesses: China continues its trade mark law refresh
For many years China has made deliberate attempts to model itself as a strong intellectual property (IP) economy. The Chinese IP system continues to evolve, and, most recently, changes coming into effect on 1 November 2019 have been made to
Authorised use or something fishy? – Implications for trade mark ‘use’ in Australia in the inter-company context
Trade mark licensing arrangements can often offer significant benefits for trade mark owners by increasing brand exposure and royalty revenue streams. However, as we have previously reported, recent Australian cases (such as Lodestar Anstalt v Campari America LLC [2016] FCAFC
Review of sugar labelling a sweet victory for health advocates, and yet more packaging and labelling changes required for business in Australia?
Shoppers reaching for a sweet, refreshing bottle of soft drink may soon find themselves confronted by the sour reality of 33 small icons of teaspoons – equivalent to the average sugar content of 1.25 litres of soft drink (see
The highs and lows of the 2019 Australian IP Report
The highs and lows of the 2019 Australian IP Report
To mark World Intellectual Property Day, IP Australia released its seventh edition of the Australian Intellectual Property Report 2019 (Report). The Report provides a snapshot of the
Ghost of rulings past: why virtual designs are not yet covered by Australian IP law
Virtual or non-physical designs, which include graphical user interfaces and screen icons, are designs that impact the appearance of a product through software displayed on an electronic screen. Many of these designs have become ubiquitous in our everyday lives. Well-known
Copyright vs Freedom of the Internet: Round 1 just passed the European Parliament
At the end of last month, the European Union Parliament adopted a controversial new “Directive on Copyright in the Digital Single Market” (Directive).
One of the stated aims of the Directive is to give copyright holders such as
No safe harbour: Online platforms face choppy waters when it comes to copyright infringement
The liability of internet intermediaries for copyright infringement is a hot topic of conversation at the moment, both in Australia and overseas. Sweeping reforms have just been passed by the EU Parliament, and Australian copyright legislation in this area has
Good to know: The US trademark office has a ‘proof of use’ audit program for trademark registrations
The US Patent and Trademark Office (USPTO) requires trademark owners to support their trademark registrations by providing one specimen of use per class, at both 6 years and 10 years after the trademark registration date. So, for instance, if you have a registration covering ‘clothing, footwear and headgear’ in class 25, providing the US trademark office with an example of the mark being used on a baseball cap will be sufficient to support the registration in respect of all goods covered by the registration, despite the fact a specimen of use had only been provided in respect of one item of headgear.
Are tougher days coming for approval of agribusiness certification trademarks in Australia?
On 22 November 2018 the Australian Competition and Consumer Commission (ACCC) issued its initial assessment of the rules governing use of four certification trade marks in the name of OxoPak Pty Ltd, indicating its intention deny approval for the certification rules, and therefore the trade marks will be denied.