Archive:June 2022

1
The NFT Collection: A Brave NFT World – A Regulatory Review of NFT’s (Part 2)
2
New Interim Guidance on Fintiv Factors
3
The NFT Collection: NFT Basics and Opportunities (Part 1)
4
Indirect Patent Infringement Down Under

The NFT Collection: A Brave NFT World – A Regulatory Review of NFT’s (Part 2)

In a recent alert, we painted the big NFT picture, highlighting what a non-fungible token (NFT) means and the opportunities they present (see here). In this second part of the NFT series, we will take a deeper look at local regulatory control (or lack thereof) in this uncharted territory.

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New Interim Guidance on Fintiv Factors

On 21 June 2022, the United States Patent and Trademark office (USPTO) issued interim guidance on how the Patent Trial and Appeal Board (PTAB) should exercise its discretion when determining whether to institute a post-grant proceeding.

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The NFT Collection: NFT Basics and Opportunities (Part 1)

NFTs have gone mainstream. But what are NFTs? Should your business develop its own NFT? How are they regulated? In The NFT Collection series of alerts, we will delve into these questions to help your business understand this new technology.

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Indirect Patent Infringement Down Under

The issue of contributory infringement of a patent under the Australian Patents Act 1990 (Act) does not often arise for consideration by the Australian judicial system. When it does arise, the question of whether or not the product supplied is a ‘staple commercial product’ under the relevant provisions of the Act is always of particular interest.

In only a few cases has the impugned product been held to be a staple commercial product, and so any case that expands upon that product class is a particularly valuable aid. It is therefore of interest that the Full Court of the Australian Federal Court has recently considered contributory infringement in Hood v Down Under Enterprises International Pty Limited [2022] FCAFC 69.

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