IPwars.com

Mainly intellectual property (IP) issues Down Under

ACCC loses antitrust case against Pfizer

Flick J rules that Pfizer did not breach antitrust rules by trying to maintain sales of Lipitor after it came off patent.

IP Australia consults on red tape streamlining and costing

P Australia has issued consultation papers on removing red tape and other streamlining options

High Court to review patenting of isolated genes in Australia

High Court grant special leave to determine patentability of Myriad’s BRCA patents.

Regency still loses its MPEG appeal

Although it rejected the primary judge’s interpretation of s145 of the Patents Act 1990, the Full Court has nonetheless dismissed Regency’s appeal seeking to terminate its licence of MPEG patents. In 2009, Regency took a licence of a bundle of patents from the MPEG patent pool so that it could make, amongst other things, DVD and Blu-Ray players. All the patents were necessary to make MPEG–2 compliant equipment, but they related to different.. Read More

Online copyright infringement reforms announced

Government gives industry last chance to agree industry code before imposing one and will introduce injunctions to block access to 3rd party websites

Coke v Pepsi – “second” look

Last week, Besanko J dismissed Coca-Cola Co’s claims that PepsiCo’s “Carolina” bottle shape infringed Coke’s trade marks, and was passing off and misleading or deceptive conduct.

Apple can’t register APP STORE as a trade mark in Australia

Yates J has held that APP STORE is descriptive, has no capacity to distinguish and is not registrable as a trade mark in Australia

ACIP – Designs Options Paper

The Advisory Council on Intellectual Property (ACIP) has released an options paper for arising from its Review of the (Registered) Designs System.

Coke v Pepsi

Besanko J has dismissed Coke’s action against Pepsi over the shape of those bottles

ORO and CINQUE STELLE are registrable as trade marks for coffee in Australia

The High Court rules that ORO and CINQUE STELLE are inherently adapted to distinguish coffee and so registrable as trade marks in Australia.