IPwars.com

Mainly intellectual property (IP) issues Down Under

The Hague Agreement: a cost benefit analysis

IP Australia’s preliminary conclusion is that joing the Hague Agreement for the registration of designs will cost Australian consumers a lot more than Australian designers will benefit

Copyright amendments passed

The Copyright Amendments (Disability Access and Other Measures) Bill 2017 has now been passed by both Houses of Parliament.

Alphapharm v Lundbeck per se

The Full Federal Court has held that the (+) enantiomer of citalopram is itself a pharmaceutical substance per se and so eligible for term extension

How long do you have to pay royalties for?

Vickery J in the Supreme Court of Victoria has had to construe how long an obligation to pay royalties under a sale of patents and technology and associated consultancy agreement lasts: ruling it is as long as the purchaser is using the “invention”.

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

(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 On 10 November 1994, the Plant Breeder’s Rights Act 1994 came into force and repealed the Plant Variety Rights Act 1987.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

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