Parliament relaxes Therapeutic Goods Act patent certificates - Thursday, February 23, 2006
Federal Parliament has passed a Bill limiting the circumstances in which an applicant for marketing approval of a therapeutic good will be required to file a patent certificate.
Freeze-dried generics frozen in their tracks - Tuesday, February 21, 2006
In two separate Federal Court decisions relating to the same patent owned by Pharmacia Italia S.p.A. (Pharmacia) Federal Court Judges have found infringement by Mayne Pharma Pty Ltd (Mayne) and granted an injunction against Interpharma Pty Ltd (Interpharma).
‘Shooting first and asking questions later can be costly’ - Friday, February 17, 2006
Melbourne University Publishing Ltd and Others v Williamson [2005] FCA 1910, 20 December 2005. The Federal Court has recently denied costs relief to a plaintiff who issued proceedings without first sending a letter of demand.
Legal Professional Privilege In-House - Friday, December 23, 2005
The Courts have recently confirmed that LPP can apply to in-house lawyers’ communications. The cases suggest that additional considerations will apply to the determination of LPP for in-house lawyers. This is because of the variety of roles in-house lawyers often undertake for their employer organisations.
Protecting Legal Professional Privilege In-House - Practical Steps - Friday, December 23, 2005
This article discusses practical steps that may aid in maintaining a claim for LPP In-House. For a more extensive discussion on recent cases please see our article 'Legal Professional Privilege In-House'.
Australian idiosyncrasies in licensing and technology transfer - Wednesday, November 30, 2005
As IP owners enter into more and more cross-border licensing deals, they must be increasingly vigilant to the legal traps that await the unwary.
As published in the November edition of Managing Intellectual Property.
Click here to view the article
How IP changes are affecting the IT industry - Wednesday, November 30, 2005
The last 12 months have seen some key legislative changes and important legal rulings that will have a profound effect on Australia's IT and communications industry.
As published in the November edition of Managing Intellectual Property.
Click here to view the article
Patent infringement exemption for experimental use - Monday, November 21, 2005
On 9 November, 2005 the Federal Government released a report by the Advisory Council on Intellectual Property (ACIP) entitled “Patents and Experimental Use”.
Trade marks for pharmaceuticals: what will qualify as being deceptively similar? - Monday, November 21, 2005
On 13 September 2005, Lander J of the Federal Court found, on Appeal from the Trade Marks Office, that the trade mark LIVALO was not substantially identical with or deceptively similar to the pre-existing mark for LIVIAL (“the Appeal”). Both marks are brand names of prescription pharmaceuticals.
Assessment of obviousness by the patent office - Tuesday, October 18, 2005
A recent Federal Court decision considered the extent to which the Commissioner of Patents is able to consider issues of obviousness in ex-parte proceedings.
Release of “.eu” domain names - Tuesday, October 18, 2005
“.eu” is the new domain name space specifically for the European Community.
Chipping of game consoles - Tuesday, October 11, 2005
The Australian High Court has allowed an appeal by Eddie Stevens who was previously found to have circumvented a technical protection measure in Sony’s PlayStation console.
Proposal to relax patent certificates under the Therapeutic Goods Act 1989 - Thursday, September 29, 2005
The Government has introduced amendments to Parliament to reduce the scope of the application of the earlier amendments relating to patent certificates under the Therapeutic Goods Act.
PBS listing injunction refused by Australian court - Monday, September 19, 2005
The Federal Court has declined to grant Roche Therapeutics Pty Ltd (Roche) an interlocutory injunction to stop two generic companies from seeking PBS listing for a drug which allegedly infringed Roche’s patent rights.
Australian innovation patent - Friday, August 05, 2005
A description of normal events following the filing of an application for an Australian innovation patent.
Australian and overseas patents - Thursday, August 04, 2005
A description of normal events during the prosecution of an application family for Australian and overseas patents.
Australian standard patent - Thursday, August 04, 2005
A description of normal events following the prosecution of an application for an Australian standard patent.
International patent cooperation treaty - Thursday, August 04, 2005
A description of normal events during the prosecution of an application family for a International patent cooperation treaty.
