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Catching up with nationals: Proposal to allow divisional applications for International registrations designating Australia

Photo of Rebecca Brenikov (AU)Photo of Amanda Caldwell (AU)
By Rebecca Brenikov (AU) & Amanda Caldwell (AU) on February 1, 2019

In January 2019, IP Australia released a draft of proposed amendments to the Trade Marks Regulations 1995 for public consultation.…

Australian Trademarks Law Review – Edition 2

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By Isobel Taylor (AU), Frances Drummond (AU) & Sophie Lees (AU) on November 26, 2018

2018 marked the publication of the first Australian Trademarks Law Review from the Law Review series. The Law Review collates cross-border legal insights and analysis across a range of practice areas and is a useful resource for in-house counsel of…

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Amended Australian IP laws receive Royal Assent with little fanfare

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)
By Georgina Hey (AU) & Isobel Taylor (AU) on September 24, 2018

On 24 August 2018, the creatively named Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 quietly received Royal Assent, with some parts of the new Act entering into force the following day.

As the…

V Energy loses a mother of a battle over color trademark: Australia court’s decision in Frucor v Coca-Cola

Photo of Alyson Poole (AU)Photo of Helen Macpherson (AU)
By Alyson Poole (AU) & Helen Macpherson (AU) on August 13, 2018

We, as consumers, regularly associate colours with our favourite brands as we stroll down supermarket aisles and peer at billboards and banners in shopping centres.  But for brand holders, gaining protection for proprietary colours is not a walk in the…

Changes proposed regarding parallel imports – An exhausting concept for Australian trade mark owners?

Photo of Frances Drummond (AU)Photo of Rebecca Brenikov (AU)
By Frances Drummond (AU) & Rebecca Brenikov (AU) on April 6, 2018

In this article, we consider;

  • the changes to the Trade Marks Act proposed in respect of parallel imports which the Draft Explanatory Memorandum states are aimed at ensuring that the law “better meet[s] the objective of facilitating the parallel

…

Back to Basics – Australian Trade Mark Law 101

Photo of Frances Drummond (AU)Photo of Sophie Lees (AU)
By Frances Drummond (AU) & Sophie Lees (AU) on February 14, 2018

2018 marks the publication of the first Trademarks Law Review from the Law Review series.

IP funding opportunities to take your start-up to the next level

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)
By Georgina Hey (AU) & Isobel Taylor (AU) on November 27, 2017

As all start-ups know, having a great idea is important, but it’s not enough to ensure your idea gets off the ground – and stays there! The sad reality is that the vast majority of start-ups are destined for failure:…

Promoting an innovation economy – Australian Government responds to Productivity Commission’s report into IP arrangements

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By Georgina Hey (AU) & Isobel Taylor (AU) on September 14, 2017

We recently published an article on the potential impact on the Productivity Commission’s Inquiry Report on Intellectual Property Arrangements (Report) on Australia’s innovation economy. The Australian Government has now responded to the Report, supporting the Commission’s recommendations…

Accept no substitutes – Assignment will not cure defective trade mark filing

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By Helen Macpherson (AU) on June 14, 2017

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…

What’s in a name? How to protect yourself if your name is your personal brand

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By Isobel Taylor (AU) & Alyson Poole (AU) on March 22, 2017

Cher, Prince, Oprah, Bono – all of these celebrities have one thing in common – the capacity to be recognised by nothing more than a single name. For businesses which are built on the success of a personal brand, a…

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