Tag archives: intellectual property

The European Commission has its say: EU trade marks post-Brexit

On 28 February 2018, the European Commission released its draft withdrawal agreement setting out a proposal on the arrangements for the withdrawal of the UK from the EU (Withdrawal Agreement). The full text of the Withdrawal Agreement can be viewed here: European Commission’s Draft Withdrawal Agreement dated 28 February 2018 (see Title IV on Intellectual … Continue reading

Cybersquatters – How to protect your brand from unwanted ‘guests’ online

The internet is now the normal conduit for everyday personal, commercial and social transactions. It is more important than ever to ensure that your consumers know where to find your business online, and that no third parties are seeking to trade off your reputation in the online space. Domain names are the primary form of … Continue reading

Shocking your clients just became passé: US Court takes away the edge from scandalous brands

Thanks to two recent rulings of the US Supreme Court and the Court of Appeals of the Federal Circuit Court, trade marks containing “disparaging”, “immoral” and “scandalous” matter are no longer barred from obtaining registration in the United States of America. In the past, the US Patent and Trade Mark Office (USPTO) had the power … Continue reading

Trade mark update: 11th Edition of the Nice Classification came into force on 1 January 2018

As many of you will know, the Nice Classification is the international system used to classify goods and services for trade mark purposes. The World Intellectual Property Office regularly updates and amends the Nice Classification in order to ensure that the lists remain current and include new products and services that come to market. On … Continue reading

What Brexit means for IP: The UK Law Society, the IP Bar, CIPA and CITMA weigh in on Brexit strategy

It’s no surprise that many in the professional and legal services industries are putting increasing thought into what the post-Brexit world will, or should, look like. The Chartered Institute of Patent Attorneys (CIPA) in the UK has been the latest body to put its two cents (or pennies) into the mix. Brand owners from all … Continue reading

New country of origin food labelling requirements for Australia – is your packaging up to scratch?

Businesses have until 1 July 2018 to transition to a new system of country of origin labelling for food products in Australia. The incoming Country of Origin Food Labelling Information Standard 2016 (Standard) imposes stricter labelling requirements on “priority”, as opposed to “non-priority”, foods and is intended to help consumers better understand where their food … Continue reading

Managing your products when a patent expires – how good brand management can maintain product and brand awareness, and build market share

The Australian Government’s recently expressed interest in cracking down on misuses of market power may have left some patent holders with concerns about the proposed amendments to the Competition and Consumer Act 2010 (the Act). All the fuss relates to section 46 of the Act: the provision which prohibits a company with a substantial degree … Continue reading

‘Apples, Beatles and four decades of litigation’ – Cautionary tales for start-ups settling on a new brand name

Apple: the world’s most successful company, with an estimated worth of three-quarters of a trillion dollars. It’s no wonder that would-be tech entrepreneurs around the world are sitting around in black turtlenecks, jeans and New Balance sneakers, poring over Steve Jobs’ biography and trying to work out how they might emulate his success in their … Continue reading

Rebranding 4.0: Why authenticity matters to socially-aware consumers, and how to convey it

Increasingly affordable renewables, coupled with consumers’ sensitivity to environmental, social and governance (ESG) issues, are driving a profound shift in energy markets worldwide. Nowhere is this more apparent than in brand equity, and the trust levels displayed by the public towards traditional energy businesses versus green, dynamic start-ups. Rebranding is a powerful tool to close … Continue reading

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

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 to reform the patent system, but stopping short of embracing the extensive copyright overhaul recommended in the Report, … Continue reading

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 issues in innovation patent proceedings, and emphasises the difficulties respondents face when challenging the validity … Continue reading

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 vision.  Tesla dropped “Motors” from its branding in 2016 to promote its clean energy solutions … Continue reading

Maximise your IP to enhance franchise value

Franchising is, in essence, a business model built on intellectual property (IP) – it provides a useful forum for commercialising IP.  Franchisors gain by sharing use of their IP (including trade marks, patents, designs, copyright materials, know-how and/or confidential information) in return for a fee, and franchisees benefit by obtaining the benefit of an established … Continue reading

Beware the ghost of handshakes past – Could your IP licence survive termination?

What happens when an IP licence agreement is terminated? The obvious answer would of course be that the licence terminates too.  However, as the latest instalment in an ongoing saga involving the well-known PINK LADY brand of apples reminds us, imprecisely drafted licence agreements may come back to haunt unsuspecting licensors. How do you like … Continue reading
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