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Shelston IP
Summary of the recent changes to NZ Trade Mark law.
Shelston IP
This is a selection of the more interesting trademark cases for 2019, with an indication of the types of issues covered.
Shelston IP
"Abolish" may be too strong to describe the changes - the innovation patent system will be "phased out" over a few years.
Bartier Perry
Recent case introduces a more relaxed & arguably more appropriate test for 'authorised use' of a TM within a corporate group.
Shelston IP
Article discusses the complexities involved in doing a patent search.
Stacks Law Firm
Discussion about the laws around digital assets, how they need to change to reflect current online practices.
Norton Rose Fulbright Australia
These proposed changes should ensure awards more accurately reflect actual costs and are based on Federal Court practice.
Spruson & Ferguson
Written agreements play an extremely important role in determining ownership and patent rights to an invention.
Davies Collison Cave
The absence of ‘meaningful technical content', especially computer code, from the patent specifications was cited as a key factor in the decision.
Spruson & Ferguson
This article provides a checklist below covering some important aspects to consider in relation to Australian Designs.
Shelston IP
This case serves as a reminder to copyright owners that clear express licence terms are preferable to implied licences.
Davies Collison Cave
MMD supplied a number of its mineral breakers to mine sites in Western Australia.
Davies Collison Cave
Aristocrat then sought an account of profits in respect of some infringements and damages in relation to other infringements.
Spruson & Ferguson
The Registrar also found that use of Cantarella's trademark was unlikely to mislead or deceive, or amount to passing off.
Davies Collison Cave
As foreshadowed in our previous articles on the topic (which can be found here and here), the Government removed the IP Safe Harbour from the Competition and Consumer Act 2010 (Cth) (the Act) as of 13 September 2019.
Corrs Chambers Westgarth
The court's discretion to award additional damages was re-exercised by the Full Court, which declined to make an award.
Shelston IP
The Australian Government hopes its investment in biosimilars will provide significant savings and improve competition.
Spruson & Ferguson
The court has power to award significant "additional damages" in cases of what it considers to be flagrant infringement.
Coleman Greig Lawyers
Can a TM owner rely on use of its TM by a parent company to defend an application for removal of its TM on the grounds of non-use?
McCullough Robertson
Bega has won the right to use the iconic yellow lid, clear jar and red and blue labelling on its peanut butter jars.
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