IPwars.com

Mainly intellectual property (IP) issues Down Under

IP Amendment (Productivity Commission Part 1 …) Bill – exposure draft

First round of legislation to implement the Productivity Commission’s recommendations released for comment

Intellectual Property Laws Amendment Bill 2017 – exposure draft

An exposure draft of legislation to rationalise, simplify and de-anomalies Australia’s IP laws. And some other things.

Australian Intellectual Property Report 2015

IP Australia has released the Australian Intellectual Property Report 2015, with statistics on IP filings and grants and trends.

Intellectual Property Laws Amendment Bill 2014

The Intellectual Property Laws Amendment Bill 2014 has been introduced with the proposed compulsory licence under the TRIPS Protocol for medicines and other reforms

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 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 have a term of 20 years from acceptance (PBR Act s 82(2) and PVR Act.. Read More

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

(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 On 10 November 1994, the Plant Breeder’s Rights Act 1994 came into force and repealed the Plant Variety Rights Act 1987.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’ application for Nadine was granted and certificate 465 was issued. Under the old Act (the.. Read More

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 African plant. IPKat has a good overview, with links to earlier stages in the dispute,.. 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

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