IPwars.com

Mainly intellectual property (IP) issues Down Under

Productivity Commission implementation part 2

IP Australia has released draft legislation for the proposed Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) Bill 2018 including more changes to inventive step, an objects clause and phasing out the innovation patent.

INTA is coming Down Under

For the first time in 10 years, INTA is holding a 2 day conference in Sydney on 11 – 12 October 2018….

A Basket Is Still Not A Cylinder

Glaxo has lost its appeal against Beach J’s ruling that Apotex and Generic Partners did not infringe its sustained release paracetamol patent because the mistaken reference to “basket” could not be interpreted as “cylinder”.

Service providers and safe harbours

A consultation on draft regulations has been released as the extension of online safe harbours to the education, cultural and disability sectors nears enactment

IP Laws Amendment ( Productivity Commission Response Pt 1 etc) Bill 2018

The Senate Economics Committee requires submissions on the (intellectual property) Productivity Commission Response Pt 1 bill to be submitted by 1 June 2018

Patent cases in the Federal Court

A statistical survey of patent litigation in the Federal Court of Australia

New Twist In Website Blocking Injunctions

Nicholas J has granted further injunctions under s 115A against the telcos / ISPs to block access to websites related to HD Subs+.

ESCO’s patent did not make a composite promise and so is not invalid afterall

ESCO has won its appeal from the ruling that its patent lacked utility because the claims did not fulfill all promised advantages. The Patent ESCO’s patent relates to a wear assembly for securing a wear member to excavating equipment. Think of it as a way of attaching “teeth” to an excavating bucket and for a design of the “teeth” themselves. There are 26 claims. Claim 1 (and its dependent claims)[1].. Read More

Bohemia Crystal shattered

Like MICHIGAN for farm equipment and OXFORD for books, Burley J has ordered that Bohemia Crystal’s trade marks, BOHEMIA and BOHEMIA CRYSTAL be revoked because they are not distinctive of “glassware”.

Enforcing foreign judgments – consultations

The Commonwealth government is consulting about a draft treaty on the enforcement of foreign judgments including whether and how IP judgments should be included

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