Mainly intellectual property (IP) issues Down Under

Coke, Pepsi and the shape of the bottle

Newspaper reports that Coca Cola has sued Pepsico and its Australian licensee, Schweppes, over the shape of the new Pepsi bottle. The print edition had a photo, but not online. You can go down to your local 7 Eleven or compare for yourself: The press report doesn’t say whether the action is over a registered “shape” trade mark, passing off/TPA or both. But, we know Coke has them: So, if.. Read More

Victoria Police use Facebook to serve intervention order

The Police’s own press release. All papers, including the interim intervention order, the extract, explanation and contacts were transcribed was typed out into private messages and sent to the respondents account.   A video was recorded of Leading Senior Constable Walton reading the Interim order to the accused, as if the Respondent was being directly spoken to – and served. It sounds like the order was for substituted service, after.. Read More

Upholding a patent opposition on appeal

Adrian Crooks, at IPnow, provides his summary of Besanko J’s ruling in Aspirating IP v Vision Systems [2010] FCA 1061.

Patents and ‘abusive’ divisionals

While we’re on the subject of raising patent standards, the Commissioner has also introduced new rules for divisional applications. IPNow and Patentology explore what it all means for those of you filing patent applications.

Obvious to try (typos corrected)

IP Australia (for present purposes, the Commissioner of Patents) has been exploring ways to improve the quality of patents by, amongst other things, raising the threshold of inventiveness. (Consultation Paper, November 2009 (pdf) see section 1.2ff). One might have thought that this would require legislative reform given the extremely strict approach to common general knowledge and, for that matter, s 7(3) taken in Australia. Perhaps because the election so indecisively.. Read More

Happy birthday to me

well, IPwars really. Yes, six years ago today IPwars started rearranging electrons in the interstices of the interwebs (as some of our American cousins call them). It’s rather hard to work out vital statistics since then as, for 4 years, IPwars was generated by the (now defunct) iBlog software before moving to WordPress. It does seem that ‘Sounds Different’ was the burning issue that attracted the very first report. Understanding.. Read More

Restored patents and licences to exploit

Mr Law has a patent, Australian Patent No. 784051 titled “Conveyor Belt Cleaner”. For some reason, the renewal fees were not paid and the patent became a “ceased patent” (presumably). Almost 2 years later, he applied for an extension of time (I’m guessing here and here) and paid the renewal fees and his patent became a “restored patent“. So, Mr Law’s patent wasn’t on the register between 27 September 2007.. Read More