IPwars.com

Mainly intellectual property (IP) issues Down Under

Are innovation patents going?

ACIP now recommends abolition of the innovation patent system

Of flat nosed syringes or if at first you don’t succeed

Having had the interlocutory injunction he granted overturned on appeal, Rares J has now determined at the substantive trial that both of Glaxo’s syringe variants infringed Reckitt Benkiser’s “flat-nosed syringe” patent.

Interlocutory Injunction to transfer domain name

Nicholas J has granted Thomas International an interlocutory injunction ordering Humantech to transfer the domain names, thomasinternational.com.au and thomas.co.za, to Thomas International. Thomas International had to give the usual undertakings and, as a foreign corporation, provide security for costs.

What constitutes authorised use of a trade mark?

Perram J has reluctantly found that actual control of the licensee is not necessary and potential control will suffice for authorised use[3] under the Trade Marks Act 1995.

Project home appeals

The Full Court has partially allowed Tamawood’s appeal, and denied Habitare’s appeal from Collier J’s findings about copyright infringement.

How much is that copyright in the power generation system

The Full Federal Court has allowed the Commissioner of Taxation’s appeal from Pagone J’s ruling allowing SPI Powernet a deduction for the value of its copyright in the plans, drawings and manuals for its electricity power generation network.

ACIP Final Designs Report

ACIP’s final report into its review of the Designs System has been published. The report is 70 pages (including annexes) – 43 pages for the report itself; and 23 recommendations. Key recommendations include: investigate joining the Hague system and, if a decision is made to join, extend the maximum term of design protection to 15 years; introduce a grace period of 6 months before the filing date, but require an applicant relying on.. Read More

Commonwealth seeks $60 million on the undertaking as to damages

Sanofi sued Apotex (then known as GenRx) for infringement of its “clopidogrel patent”. It obtained interlocutory injunctions against Apotex against the sale of Apotex’ product and preventing Apotex from applying to list its product under the Pharmaceutical Benefits scheme (PBS). As a condition of the grant of those interlocutory injunctions, Sanofi gave the “usual undertaking as to damages”: “(a)          submit to such order (if any) as the Court may consider to be just for.. Read More

Australian Intellectual Property Report 2015

IP Australia has released the Australian Intellectual Property Report 2015, with statistics on IP filings and grants and trends.

Blocking injunctions – the Bill

The Commonwealth Government has introduced into Parliament the Copyright Amendment (Online Infringement) Bill 2015. This bill will implement the the Government’s proposal for injunctions requiring ISPs to block access to offshore websites that infringe copyright.