Archive: February 2015

1
High Court to Consider Whether Isolated Genetic Material is Patentable in Australia
2
Single Patent Filing and Examination in Australia and New Zealand Almost a Reality
3
Australia’s Very Exclusive Patent Licensee Club
4
How Much Attention Does the Average Consumer of Ice Cream pay to Packaging?
5
Shape Trade Marks Which Solely Protect Function are not Registrable in Europe
6
Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

High Court to Consider Whether Isolated Genetic Material is Patentable in Australia

On 13 February 2015, the High Court of Australia (High Court) heard and granted Yvonne D’Arcy’s application for special leave to appeal the Full Federal Court of Australia’s (Full Federal Court) decision in D’Arcy v Myriad Genetics Inc [2014] FCAFC 115.

The unanimous decision of the five-judge bench of the Full Federal Court was that Myriad Genetics Inc’s patent claims directed to particular isolated BRCA1 genes were patentable subject matter in Australia.

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Single Patent Filing and Examination in Australia and New Zealand Almost a Reality

As we reported late last year, the Intellectual Property Laws Amendment Bill 2014 was read by the Australian House of Representatives. On 9 February 2015, the bill passed the Australia Senate and will soon become law in Australia as the Intellectual Property Laws Amendment Act 2015.

One significant aspect of the new law is the introduction of a Single Application Process (SAP) and a Single Examination Process (SEP) for Australia and New Zealand patent applications. Read More

Australia’s Very Exclusive Patent Licensee Club

Bristol-Myers Squibb Company v Apotex Pty Ltd [2015] FCAFC 2

The Full Federal Court of Australia (Court) has held that an ‘exclusive licensee’ within the definition of the Patents Act 1990 (Cth) (Patents Act), must be granted the exclusive right to undertake ALL of the activities falling within the meaning of “exploit”. Accordingly, a grant of a licence to advertise, market, promote, sell and distribute, but not manufacture, does not create an “exclusive licensee”, as defined in the Patents Act. There can only be one exclusive licensee and the patentee cannot reserve any of the exclusive rights to exploit to itself. Read More

How Much Attention Does the Average Consumer of Ice Cream pay to Packaging?

Ruling of the European Union General Court

On 25 September 2014, the European Union General Court (EU General Court) handed down a ruling (case ref. T-474/12) in the case of an invalidation of the right to a three-dimensional Community trademark created by the form of two packaged ice cream cups.

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Shape Trade Marks Which Solely Protect Function are not Registrable in Europe

Ruling of the European Court of Justice

The companies Hauck and Stokke, known on the market for children’s accessories, were engaged in a dispute over high chairs. Hauck moved for the invalidation of a trademark registered by Stokke in the Benelux countries. The designation had the form of a high chair for children. The chair was traded on the market under the name Tripp-Trapp.

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Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness, checking the pulse of key constituents and so much more. This incredible opportunity is not risk-free, however, and is the subject of new laws, application of old laws to new situations, and a significant amount of murkiness. Fortunately, the risks can be managed by considering the issues created by social media and that begins with asking the right questions. Please click here to view a discussion of ten important questions every business can start with to better benefit from its social media presence.

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