IP Law Watch

Legal issues, law and regulations concerning the world of IP.

 

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INTA Cocktail Party
2
Dick Smith Loses OZEMITE Trade Mark – Appeal Pending!
3
English Books Seized by Hong Kong Customs
4
Virgin Australia Melbourne Fashion Festival Proudly Sponsored by K&L Gates
5
Hong Kong Considers Significant Changes to Parody Under Copyright Law
6
Top Questions Fashion Brands Should Consider Before Conducting Social Media Marketing
7
Australia Joins the Global Patent Prosecution Highway
8
Breaking News – High Court of Australia Confirms That Methods of Medical Treatment are Patentable
9
That’s My Name, Don’t Wear it Out!

INTA Cocktail Party

On the evening of Sunday 11 May 2014, representatives from various K&L Gates’ offices hosted approximately 250 clients and friends of the firm at a reception in Hong Kong during the International Trademark Association (INTA) annual conference.  INTA’s annual conference is the most important intellectual property conference each year for IP professionals around the world. Read More

Dick Smith Loses OZEMITE Trade Mark – Appeal Pending!

Australian entrepreneur Dick Smith is famous for supporting Australian businesses that grow and produce products. One of the products he is associated with is ‘OZEMITE’, which was supposed to be a yeast based product similar to the Australian icon Vegemite (for our U.S. based readers, it is said that no Australian will travel anywhere in the world without a jar of Vegemite in their luggage – it is a national icon, like the kangaroo).   Read More

English Books Seized by Hong Kong Customs

Following a tip off from the public, six suspects were arrested by Hong Kong Customs in April 2014 for allegedly selling fake English books.

Customs seized 500 books, three computers and 3 photocopiers worth up to HKD117,000 from a children’s learning institution, where the three directors and three receptionists were arrested. The suspected case of copyright infringement, involved selling infringing books as course materials at below half price of the genuine books. Read More

Virgin Australia Melbourne Fashion Festival Proudly Sponsored by K&L Gates

K&L Gates hosted a panel of experts, featuring David Briskin (Executive Chairman, sass & bide and Director, VAMFF), Rachel Smith (Partner, Deloitte Touche Tohmatsu) and Jol Rogers (Partner, K&L Gates), at its annual Fashion Law Breakfast held as part of Virgin Australia Melbourne Fashion Festival. Read More

Hong Kong Considers Significant Changes to Parody Under Copyright Law

In July 2013, the Hong Kong Government commenced a three month public consultation on three options to deal with parody under Hong Kong copyright law. One of the options was the introduction of a fair dealing exception for parody under Hong Kong copyright law, where the “distribution and communication of parody will not attract any civil or criminal liability if the qualifying conditions for exception are met.” Read More

Top Questions Fashion Brands Should Consider Before Conducting Social Media Marketing

Facebook, Twitter, Pinterest, Instagram…the list of social media tools for the promotion of your fashion brand is ever increasing. While social media is an effective and immediate way to reach your customers, there are some important considerations you should turn your mind to before embracing this marketing tool, as some recent examples demonstrate. Read More

Australia Joins the Global Patent Prosecution Highway

What is the Global Patent Prosecution Highway?

The Australian Patent Office is one of 13 patent offices from around the globe that have joined forces to create a Global Patent Prosecution Highway (GPPH) pilot program, which commenced on 6 January 2014.

Under the GPPH pilot program – where an applicant receives a ruling from a participating patent office that at least one claim in a patent application is allowable – the applicant may request that another participating patent office accelerate examination of a corresponding patent application. Read More

Breaking News – High Court of Australia Confirms That Methods of Medical Treatment are Patentable

Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd & Ors [2013] HCA 50

The High Court of Australia yesterday issued its long awaited decision in a dispute between Apotex Pty Ltd (Apotex) and Sanofi-Aventis Australia Pty Ltd and related entities (collectively, Sanofi) concerning Sanofi’s Australian patent entitled “Pharmaceutical for the treatment of skin disorders” (Patent). In summary:

  1. The majority (French CJ, Crennan, Keifel and Gageler JJ, Hayne J dissenting) held that assuming all other requirements for patentability are met, a method (or process) for medical treatment of the human body can be a “manner of manufacture” and therefore patentable for the purposes of section 18 of the Patents Act 1990 (Cth) (Act). Read More

That’s My Name, Don’t Wear it Out!

The recent announcement that leading Australian fashion designer Alannah Hill has separated from the label that bears her name (while seeking to continue to work in the fashion industry), is yet another recent example of a ‘name’ and a company parting ways. Another example of ‘brand separation’ that has received a lot of media attention in recent times is the dispute between former racing car driver and tyre salesman Bob Jane, and the company that bears his name, Bob Jane T-Marts. Read More

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