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.

Customs seizure and trade marks

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 […]

IP Australia more 2nd round consultations

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 […]

Clinical trials for new medicines

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.

Maltesers v Delfi malt balls

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 […]

What’s use of a trade mark in Australia

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. […]

Peer to patent Down Under

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 ( Peer-to-Patent […]

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