Tag:Australia

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Australian Patent Office Seeks Comment on Proposed Examination Practice Arising from the Myriad Genetics High Court Decision
2
High Court of Australia Finds Claims for Isolated Genetic Material not Patentable Subject Matter
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Fashion Law – Spring/Summer 2015 Edition
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Sydney Fashion Law Breakfast – Thursday 15 October
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Australian High Court Rules Rosuvastatin Low Dose Patent Obvious
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Ali Baba Launches a New Platform to Fight Counterfeiters
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Is Australia’s Innovation Patent System on Borrowed Time?
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Extension of Term for Australian Patents Relating to AbbVie’s Blockbuster Drug HUMIRA Denied
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Australian Court Orders Copy House to Undergo Significant Alterations: A Recent Decision on Copyright Infringement in Building Designs
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Replica Furniture: A Call to Arms

Australian Patent Office Seeks Comment on Proposed Examination Practice Arising from the Myriad Genetics High Court Decision

By Rachel Young and Nigel Lokan

The Australian Patent Office has commenced a public consultation on their proposed changes to examination practice, as a result of the recent High Court decision in D’Arcy v Myriad Genetics Inc¹.

As reported in our earlier blog² the High Court unanimously decided that claims directed to an isolated nucleic acid coding for mutant or polymorphic BRCA1 polypeptide were not patentable subject matter.

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High Court of Australia Finds Claims for Isolated Genetic Material not Patentable Subject Matter

On 7 October 2015, the High Court of Australia (High Court) issued its decision[1] in the long running dispute concerning Myriad Genetics, Inc.’s (Myriad) patent relating to an isolated nucleic acid coding for mutant or polymorphic BRCA1 polypeptide. Mutations in the BRCA1 gene can serve as indicators of a woman’s risk of developing breast cancer.

In a unanimous decision, the High Court found that claims directed to the isolated nucleic acid are invalid on the basis that they are not a ‘manner of manufacture’ and therefore not patentable subject matter. The High Court took the view that the claimed invention would extend the scope of the concept of “manner of manufacture” and that this was not something which was appropriate for courts to do. In light of the High Court’s decision, it will be interesting to see whether there is a legislative response to this issue.

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Fashion Law – Spring/Summer 2015 Edition

“Fashion is in the sky, in the street, fashion has to do with ideas, the way we live, what is happening.” Coco Chanel

We are excited to bring you the third edition of Fashion Law, highlighting important issues at the crossroads of fashion and the law.

Fashion Law gives you the latest updates on legal issues affecting your industry. This issue includes the various awards and grants available to new and emerging fashion designers, as well as what to do if your promotional images are reproduced without your permission.

Please click here to read the Spring/Summer 2015 edition of Fashion Law.

Sydney Fashion Law Breakfast – Thursday 15 October

How close is too close? Trends, inspirations and courts – where is the line between paying homage and knocking off someone else’s design?

K&L Gates invites you to our Fashion Law Breakfast on Thursday 15 October to explore the ins and outs of copying in the fashion industry, including tips on how to avoid getting into hot water and the legal options available to designers who discover that their creations have been copied. A panel of fashion industry and legal experts will discuss the role of trends in creating designs and address the difference between being inspired and being liable for copying.

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Australian High Court Rules Rosuvastatin Low Dose Patent Obvious

In an eagerly awaited decision¹ the Australian High Court has upheld a decision of a five judge bench of the Full Federal Court that AstraZeneca’s patent relating to low dosages of rosuvastatin is invalid on the basis that the claims lack an inventive step.

Section 7(3) of the Patents Act 1990 (Act) as it existed at the priority date of Astra Zeneca’s patent imposed a threshold requirement that in order to be considered for assessing inventive step a document must be “ascertained, understood and regarded as relevant” by a person skilled in the art.

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Ali Baba Launches a New Platform to Fight Counterfeiters

The online marketplace continues to generate a vast number of fresh opportunities for businesses, such as the opening up of global trade channels to manufacturers and retailers that were previously restricted to their own local market.  However, these opportunities come with very real risks and traders are becoming increasingly concerned about the sale of counterfeit goods through eCommerce stores such as Ali Express and the sale of re-branded copied goods through B2B websites such as Tao Bao.

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Is Australia’s Innovation Patent System on Borrowed Time?

On 5 August 2015, the Australian Patent Office (IP Australia) released a consultation paper seeking feedback from interested stakeholders on the Advisory Council on Intellectual Property’s (ACIP) recommendation that the Australian Government should abolish the innovation patent system.

Introduced in 2001 under the Howard Government, the innovation patent system is Australia’s second tier patent right having a shorter term,eight  years, and a lower threshold of invention (i.e. an ‘innovative step’ as opposed to an ‘inventive step’ required for a standard patent).

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Extension of Term for Australian Patents Relating to AbbVie’s Blockbuster Drug HUMIRA Denied

In a recent decision the Australian Patent Office has rejected applications to extend the term of three patents related to the highly successful anti-inflammatory drug HUMIRA.

The patents are part of a family in which extensions of term had been granted in connection with earlier patents. These earlier extensions were based on the initial listing of HUMIRA on the Australian Register of Therapeutic Goods (ARTG) for the treatment of rheumatoid arthritis.

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Australian Court Orders Copy House to Undergo Significant Alterations: A Recent Decision on Copyright Infringement in Building Designs

Earlier this week the Supreme Court of Queensland (Court) delivered its judgment in the case of Coles v Dormer & Ors, a copyright infringement case about home designs. The Court found that a house built in an exclusive Port Douglas estate was created by copying the design of another house built close by in the same estate, and ordered that the infringing house undergo significant alterations to change its appearance.

John and Edith Bredens were prospective buyers of a home in The Sands, which had been constructed by Port Douglas Builders in accordance with plans created by designer Gregory Skyring. The Bredens were not successful in purchasing the house, which was ultimately bought by Stephen Coles, who gave evidence that he was particularly taken with the unique style of the house.

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Replica Furniture: A Call to Arms

In a four-part series recently published in Habitus Living, we explore the issues faced by makers of original and authentic designs by the rise of the replica furniture industry in Australia.

The popularity of reality renovation shows has sparked interest and demand for designer furniture, homewares and lighting products. Consumers seeking such products at affordable prices have been serviced by businesses dedicated to the sale of replica furniture products that are manufactured cheaply overseas and widely available online.

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