Summer must be over …

IP Australia has released a consultation paper, with draft exposure legislation, for an Intellectual Property Laws Amendment Bill 2014. Comments by 7 Feb 2014.

Another IP amendment bill

The Intellectual Property Laws Amendment Bill 2013 was introduced into Parliament today. The changes include: amendments to the Crown use provisions in the Patents Act to ensure they apply where the relevant Commonwealth, State or Territory government has primary responsibility for funding or providing the service and to include a requirement for approval by the relevant […]

Another plant breeder’s rights case

This one is on a fairly narrow point: what is the term of rights where the application was made under the old (PVR) act, but registration was not completed until after the new (PBR) act. Such matters are governed by s 83 of the Plant Breeder’s Rights Act. Rights granted before the PBR Act commenced […]

Government responses to ACIP enforcement reviews

The Government has announced its responses to ACIP’s reviews of: post-grant Patent enforcement; and enforcement of plant breeder’s rights. On a quick skim, the main recommendation to introduce a Patents Tribunal to determine “IP” disputes has been found non-viable due to the limitations on the Commonwealth’s repository of judicial powers. With WIPO’s arbitration and mediation […]

(Not) a case of PBR

Caithness applied for the grant of plant variety rights for the potato variety ‘Nadine’ on 21 May 1992. That application was accepted by the Registrar on 28 May 1992. On 10 November 1994, the Plant Breeder’s Rights Act 1994 came into force and repealed the Plant Variety Rights Act 1987. On 16 August 1995, Caithness’ […]

Trans Tasman IP harmonising – patents

Prime Ministers Gillard (Australia) and Key (EnZed) have reaffirmed their countries’ respective commitment to closer co-operation in (industrial) IP matters between the two countries as part of the Trans Tasman Single Economic Market. Apparently, over the next 5 years our countries will work towards: one regulatory framework for patent attorneys; one trade mark regime; one […]

Plant breeder’s rights in the EU

The European Court of Justice has dismissed Ralf Schräder’s appeal from the rejection of its registration for plant breeder’s rights in plectranthus ornatus. It would seem after detailed genetic testing, including travel to South Africa, the EU regulatory authorities have determined the variety the subject of the application is not distinct from a common South […]

Enforcement of PBR in Australia

ACIP has published its final report into the Enforcement of plant breeder’s rights in Australia. The report is here (pdf) – be warned 138pp, Exec Summary is 10pp. Some recommendations:   Recommendation 1. A new “purchase” right be added to s.11. This new right would only apply to those taxa that are specifically declared in the […]