Asia Pacific – Page 13

Are you Ready for Commencement of New Zealand’s New Patents Act?

Aug 30 2014

New Zealand patent law has been completely overhauled and modernised. Details of the changes can be found here. The new law commences on 13 September 2014, which is only two weeks away!

The new provisions raise the requirements for patentability and the requirements for patent specifications and bring New Zealand patent law into substantial conformity with the patent laws of other developed countries, such as Australia. Among the new provisions is a provision which denies patentability to alleged inventions where the contribution to the art lies solely in it being a computer program. Read More

AstraZeneca Loses Latest Bout Over Rosuvastatin Patents

Aug 12 2014

The Full Federal Court of Australia has upheld the first instance judgment of the Federal Court of Australia that the three patents protecting AstraZenica’s rosuvastatin products (marketed as Crestor) are invalid.

In judgment handed down on 12 August 2014, the court unanimously dismissed the appeals by AstraZeneca against generic pharmaceutical companies Apotex Pty Ltd, Watson Pharma Pty Ltd and Ascent Pharma Pty Ltd. Read More

A Second Helping of Kebab

Aug 11 2014

Additional Damages for Past Trade Mark Infringements

In June 2014 the Federal Court made its first award of additional damages for trade mark infringement under the ‘Raising the Bar’ amendments to the Trade Marks Act 1995 (TM Act). We reported on the original judgment in our 23 June 2014 alert, which you can find here.

Today, the Federal Court of Australia handed down another judgment in that case. This second judgement suggests that additional damages may also be available for trade mark infringements that occurred before 15 April 2013.

Permitted Trade Mark Usage as Google AdText

Jul 21 2014

Google AdWords Policy Change for Australia

As reported in April 2013, Google amended its AdWords policy in Australia allowing a company to purchase a competitor’s trade mark as a keyword in order to trigger sponsored ads during Google searches.

Google has now gone one step further and allowed resellers and informational sites from 27 July 2014 to use trade marks in ad text in Australia and New Zealand under certain circumstances. Read More

IP Haiku: Phone Directories Company Australia Pty Ltd v Telstra Corporation Limited (No 2) [2014] FCA 418

Jul 15 2014

Your IP Law Report in 17 Syllables

“Judgments are just getting longer and more complicated, I can’t keep up with all of them!”

A familiar refrain uttered by many a lawyer and law student alike, especially in the modern, digital age (although we expect the Courts might refer to the increasing volume of electronic evidence filed by parties in proceedings as a contributing factor!)

So, in that context, could the essence of a judgment be distilled into haiku (short form Japanese poetry consisting of three phrases of five, seven and five syllables)? Well, we are sure going to try! Read More

Ensure That Stock Photos are Licensed

Jul 10 2014

Although acknowledging the ease of copying photographs on the internet, an Australian Court has warned through the publication of its decision that this copying should not continue. In the case of Tylor v Sevin, a Hawaii, U.S., based photographer sued a Melbourne, Australia, based travel agent regarding a photograph he took titled ‘Waikaki Pink Boat’. The travel agent used the photograph on its website promoting holidays to Hawaii.

After being put on notice of the case, the travel agent refused to take down the photograph or offer to pay a licence fee. Read More

Act Promptly and Diligently When Preparing Evidence in Patent Oppositions or Else…

Jul 09 2014

A recent decision of the Australian Patent Office has underscored the importance of acting promptly and diligently at all times when preparing evidence in patent oppositions.

In this case the patent applicant was unable to complete and serve its evidence-in-support and sought an extension of time in which to do so. The Commissioner’s delegate considered the conduct of the patent applicant throughout the period provided for service of the evidence and decided that the patent applicant had not acted promptly and diligently at all times. Read More

Sports Data’s Injuction Refused

Jul 07 2014

Sports Data used to be the official supplier of statistics to the National Rugby League (NRL), the peak competition for the sport in Australia. In 2013 its contract was terminated and a new supplier Prozone was appointed.

In order to provide useful statistics relating to sporting events it is necessary for the statistics provider to have a template or set of criteria which identifies the events that will be captured or entered into the statistics database. Read More

It’s Not Easy Being Green

Jul 07 2014

BP’s Application for Registration of the Colour Green as a Trade Mark Rejected by IP Australia

IP Australia has again made it clear that the assessment of a colour trade mark under section 41 of the Trade Marks Act 1995 (Cth) should be no different from the assessment of any other trade mark.

However in rejecting BP’s application for registration of the colour green, the Office noted that while most objects have to be some colour, the act of applying a colour to a product will not act as an identifier for that product. Read More

Dick Smith Loses OZEMITE Trade Mark – Appeal Pending!

May 01 2014

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

Tag:Asia Pacific