State of the Art: Key Australian IP developments from COVID-19 - Trademark

Since it began, the COVID-19 pandemic has raised significant IP issues. In this second edition of State of the Art, a publication by the Corrs IP team, we begin by outlining the key lessons from the global financial crisis about IP rights management that businesses can apply throughout this humanitarian and financial crisis.

The rush to develop vaccines and treatments in the wake of the pandemic, and to ensure the provision of medical equipment and devices, has also raised a range of IP issues. We consider the rise of open source science, such as the Open COVID Pledge, including its risks and benefits, and look at the ability to access patented technology, by the Government or third parties, in the public interest.

We also focus on a number of other significant developments in the IP legal landscape this year. The Full Court of the Federal Court has clarified the patentability requirements for computer-implemented inventions, and the Federal Court has (again) highlighted the risks of using a generic and descriptive brand, having cancelled a trade mark for URBAN ALE on that basis that it was not capable of distinguishing the trade mark owner's beer.

Finally, Australia's Therapeutic Goods Administration has announced that from early 2021, innovative pharmaceutical companies will be notified when a generic or biosimilar application is made. This change will significantly impact the way pharmaceutical patent disputes play out, by bringing forward the starting line.

To access a copy of State of the Art, click here, or click the 'DOWNLOAD PDF' below.

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