IPwars.com

Mainly intellectual property (IP) issues Down Under

Trade marks, un-parallel imports and the emerging concept of use as a trade mark

The Full Court has rejected another attempt by Paul’s Retail to invoke s 123 against allegations it was infringing LONSDALE trade marks. Background Lonsdale Sports Limited (Lonsdale UK) had a number of registered trade marks in Australia and elsewhere for LONSDALE. In May 2008, it licensed Punch GmbH to use the LONSDALE trade marks in a number of countries, mostly in Europe. As part of the licence, Punch was permitted to get its LONSDALE.. Read More

Access to affordable medicines or new review of pharmaceutical patents

The Parliamentary Secretary for Industry and Innovation, Mark Dreyfus, has appointed a panel to review the patenting of pharmaceuticals in Australia. According to the Terms of Reference, the review: will evaluate whether the system for pharmaceutical patents is effectively balancing the objectives of securing timely access to competitively priced pharmaceuticals, fostering innovation and supporting employment in research and industry. Central to this will be an analysis of the pharmaceutical extension of term provisions of.. Read More

Raising the bar reg.s 2.2

Dr Summerfield has updated his marked up version of the reg.s to reflect the second tranche of the exposure draft regulations, here. He also draws attention to the shortening time frames the exposure draft regulations will introduce. You still need to get your comments in by 21 November 2012.

2nd tranche of Raising the Bar draft regulations

IP Australia today released the second tranche of exposure draft regulations implementing the Intellectual Property Laws Amendment (Raising the Bar) Act 2012. This tranche deals with schedule 3 (reducing delays in resolving patent and trade mark applications) and schedule 6 (simplifying the IP system). Comments still need to be submitted by 21 November 2012. Go here, and scroll down (past the first tranche if you already have them). Dr Summerfield prepared a marked up.. Read More

Tobacco Plain Packaging reasons

Having previously announced the conclusion that the Tobacco Plain Packaging laws were valid, today the High Court published their reasons. 6 of the judges, Heydon J dissenting, ruled that s 51(xxxi) did not apply because there was no “acquisition” of the tobacco companies’ intellectual property rights. It was true that the ability, or rights, of the tobacco companies to use their intellectual property rights was severely curtailed, if not extinguished. That was insufficient.. Read More

Patents, copyright and competition

Judge Posner, one of the authors of the leading modern text on the economics of intellectual property (amongst many other things), has published a controversial blog post questioning whether patents and copyright law, but particularly patents, are granting excessive protection. Judge Posner accepts that patents for pharmaceuticals are the “poster child for patent protection”, but contrasts that to patents for computer software. The IPKat explores some aspects of this part of Judge Posner’s.. Read More

Copyright walkabout

I am present IPSANZ annual copyright update for 2012: in Brisbane at Corrs Chambers Westgarth’s offices on 9 October; and in Melbourne at the RACV Club on 18 October. Details via the links above.