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
Australia
CIIs – The Australian Full Court Encompass Decision
Overview
The patentability of computer implemented inventions (CII) has long been a contentious topic in Australian patent law.
A few months ago, we wrote about Justice Robertson’s decision in Rokt Pte Ltd v Commissioner of Patents, which…
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…
Fakes welcome? IP protection lags behind for Indigenous artworks in Australia
In a symbolic win for Indigenous artists, the Federal Court of Australia has recently ordered a seller of fake Indigenous-style souvenirs to pay AU$2.3 million in pecuniary penalties for contraventions of the misleading and deceptive conduct provisions of the Australian…
Calidad v Seiko – defining the scope of the implied licence
One of the more controversial questions in patent law is the extent to which a patentee may continue to exercise control over patent-protected goods after their sale. This question invokes competing tensions between the rights of the patentee and the…
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…
Are you kicking goals when it comes to social media activity, or heading to the sin bin?
They say that a picture tells a thousand words. But as became apparent in Australia recently, posting a picture on social media can result in a thousand (derogatory and sexist) words.
A photograph posted on Twitter by Seven AFL (taken…
Don’t Rokt the boat: developments in the patentability of computer implemented inventions in Australia
With the continued rise of digital technologies and mining of big data, computer implemented inventions (CIIs) are being increasingly utilised in a wide range of industries. CIIs enable companies to deliver more personalised products and solutions to consumers,…
Catching up with nationals: Proposal to allow divisional applications for International registrations designating Australia
In January 2019, IP Australia released a draft of proposed amendments to the Trade Marks Regulations 1995 for public consultation.…