Selected microblog posts w/e 30/8/09

Selected microblog posts from the past week: Holman’s review David Koepsell – Who Owns You? The Corporate Gold Rush to Patent Your Genes Patent Docs: Falsehoods, Distortions and Outright Lies in the Gene Patenting Debate Koepsell fights back David Koepsell Doesn’t Know How to Cut His Losses Patently-O: BRCA Gene Patents Wyeth gets interloc. injunction […]

Patenting racemates and enantiomers

Lundbeck had a patent for citalopram for the treatment of depression, which it marketed in Australia under the name Cipramil Citalopram is a chiral molecule: it can exist in two isomeric forms; a (+)-enantiomer and a (-)-enantiomer. The two forms have the same chemical structure, but they are mirror images. At its priority date, the […]

ACIP: Post grant patent enforcement

ACIP’s interim report on Post-Grant Patent Enforcement Strategies is now available on the internet (pdf). The main recommendation is that: Proposal 1: That IP Australia establish an IP dispute resolution centre along the lines of WIPO’s Arbitration and Mediation Center, which in the first instance focuses on patent disputes. Funding for the centre should be […]

Selected microblog posts for week ending 21/8/09

RT @pofip: ACCC warns about questionable trade mark renewals Our list is here: @nipper: Podcast debate on SCOTUS granting cert in Bilski (patent) case: wrothnie ACIP interim report on post grant patent enforcement strategies. Comments by 20 Sep 2009. 4 copy contact Jackie Carroll RT @TrademarkBlog: Link to text of Superman Decision: Creator’s Heirs Win Rights to […]

Sea-horse shaped chocolate not a trade mark

Having secured an International Registration, Guylain tried to register a chocolate in this shape as a trade mark in Australia through the Madrid Protocol (TM App 936483). Sundberg J, on appeal from the Registrar’s refusal, has also rejected it as incapable of distinguishing Guylain’s goods (pralines and chocolate, to be precise) under s 41. Not […]

IP Australia issues more reform discussion papers

IP Australia has released two more discussion papers of reform proposals: Flexible search and examination Flexible Search and Examination (patents) Streamlining the patent process The Streamlining paper has some ambitious goals: Removing unnecessary differences in law between Australia and overseas jurisdictions. This would help reduce the cost to applicants of re-drafting claims to meet the various requirements […]

Recent microblog (twitter) posts

Following in the footsteps of Marty Schwimmer and Dennis Kennedy, I shall try a weekly post aggregating selected IP “tweets”. If you’re keen on greater currency, my tweets also show up as they’re made in a side bar on the website. RT @priorsmart: RT @ernestgrumbles Is the Fed. Circuit pro-patent? Maybe Not (empirical study […]

Software licensing

IP What’s Up (USA) reviews a book demystifying software licensing (from a US perspective). OUP’s link.

Practical DMCA problems

Plagiarism Today’s list of top 5 DMCA mistakes (and some things to do to avoid them).

Down the proverbial Technicon

Technicon has lost its appeal from trial findings that it infringed both Caroma’s registered design for a toilet pan and the copyright in drawings in technical specifications. This was a case under the old (1906) Act rules. The trial judge found there were sufficient differences to avoid liability for obvious imitation. However, there was a […]

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