IPwars.com

Mainly intellectual property (IP) issues Down Under

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 service in mind, however, IP Australia is to work with alternative dispute resolution providers to.. Read More

Patentable subject matter in Australia

The Minister has released ACIP’s report into what should be patentable subject matter under Australian law. At the moment, s 18 defines a ‘patentable invention’ and the Dictionary in Sch. 1 defines and “invention” as: “invention” means any manner of new manufacture the subject of letters patent and grant of privilege within section 6 of the Statute of Monopolies, and includes an alleged invention. and, from NRDC (for example) :.. Read More

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 regulations. Industry sectors such as wheat breeders would apply to the PBR Office to have particular.. Read More

Patentable Subject Matter: ACIP options paper

ACIP has published an Options Paper in connection with its review of “patentable subject matter”. Press release here. Options Paper here. The options under consideration are too far reaching for a “sound bite”. For example (from the Press Release) “The test for patentable subject matter in Australia is linked to legislation introduced in England in 1623 so it really does need addressing within the context of modern research and business,”.. Read More

ACIP: Post grant patent enforcement

ACIP’s interim report on Post-Grant Patent Enforcement Strategies is now available on the internet (pdf). The main recommendation is that: Proposal 1: That IP Australia establish an IP dispute resolution centre along the lines of WIPO’s Arbitration and Mediation Center, which in the first instance focuses on patent disputes. Funding for the centre should be on a “user pays” basis. A number of “implementation” recommendations hang off that. For example:.. Read More

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