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Court decision highlights difficulty in challenging innovation patents

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By Helen Macpherson (AU) on August 21, 2017

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…

Digging through the mud to see the damage sustained

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By Helen Macpherson (AU) & Melanie Armsby (AU) on July 12, 2017

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…

Productivity Commission’s Report on Australia’s IP system

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By Georgina Hey (AU) on March 7, 2017

The Inquiry Report into Intellectual Property Arrangements recently published by the Productivity Commission (Report) argues that Australia’s IP system is weighted too heavily in favour of rights holders and against the interests of the broader community. It has made various…

Canadian patent and trademark agents acquire privilege

Photo of Elizabeth Williams (CA)
By Elizabeth Williams (CA) on July 8, 2016

As of June 24, 2016 clients will enjoy the same level of privilege with their Canadian patent and trademark agents as they do with their lawyers. This statutory privilege applies retroactively to any confidential communications made prior to this date,…

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