IPwars is heading off into the sun, sand and the salty brine. Blogging will hopefully resume “on or about” Australia Day … more likely “about”. In the meantime Wishing you all the Compliments of the Season! and a happy, healthy and safe 2010.
In two ex parte applications, Greenwood J granted interlocutory injunctions restraining Customs from releasing imported goods which allegedly infringe a trade mark. The interesting point is that the proceedings for infringement were not brought within the “action period” specified in by s 137 of the Trade Marks Act. Greenwood J reasoned: Section 136 is headed “Release of Goods to Owner – No Action for Infringement and s 137 is headed “Action for Infringement.. Read More
IP Australia has issued a second consultation paper – with draft drafting instructions: Flexible Search and Examination Streamlining the Patent Process As with the first round of the second round, comments are required by 12 Feb 2010. The new paper and drafting instructions can be found here (pdf). Links to all the papers, pdf and word, via here.
The Australian Life Scientist has an article on the top 10 mistakes made in setting up and running the clinical trials for TGA and FDA legal and regulatory approvals: Special feature: Top 10 clinical trial mistakes by James Cameron of McCullough Robertson. Lid dip: Kim O’Connell at Mallesons.
Mars’ appeal against the rejection of its claims of trade mark infringement and misleading or deceptive conduct have been tersely rejected. Images of the product Mars complained about here. The Full Court noted: 9 It is not in dispute that the evidence established that: • confectionary is commonly packaged in primary colours and that red, in various shades, is a predominant and common, indeed ubiquitous, colour; • confectionary packaging commonly displays a.. Read More
Bausch & Lomb were distributing an ophthalmic irrigating solution in Australia in bottles like this: The bottles themselves were packaged in cardboard boxes which did not have “BSS” on them and the products were distributed to hospitals and the like. Alcon, however, has BSS registered as a trade mark in class 5 for such products. One point of interest is that Bausch & Lomb sought to show that BSS had become descriptive in the.. Read More
Ben McEniery from QUT writes advises that QUT is running a “peer to patent” pilot project modelled on those running through New York Law School and the JPO. According to Ben: Following on from the Peer-to-Patent projects run recently out of the New York Law School (NYLS) and the JPO comes Peer-to-Patent Australia (www.peertopatent.org.au). Peer-to-Patent Australia is a joint initiative of the Queensland University of Technology (QUT) and IP Australia that is designed.. Read More
Back in October, Jessup J found Chiropedic’s design for a mattress and base (registered under the 1906 Act) valid and infringed, by only 2 of a number of Radburg’s competing mattresses. The first point of interest is the impact of a statement of novelty. A second point of interest is the impact of trade variants or “features commonly used in the trade”. Thirdly, his Honour ruled on the costs to be taken into.. Read More