Intellectual Property

Intellectual Property

Intellectual Property

Businesses will continue to be challenged by a host of legislative changes as intellectual property laws are reformed in a bid to keep up with the rapidly changing global environment and the increasing importance of intellectual property in Australia’s goal to be a knowledge economy.

Corrs’ international award-winning IP team will guide companies as Australian patent law is brought more in line with European standards and improved border protection measures and new offences are introduced to more effectively target counterfeiting and piracy. A review of Australian copyright law is also expected and the debate over patent protection for gene patents is unlikely to abate.

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@CorrsIP

03 Mar 2015
The right to exploit a patent is a “single indivisible right” - Full Federal Court confirms http://t.co/xbpFb1rZeC

02 Feb 2015
Equivocally bioequivalent - The Federal Court opens the door for consumer law challenges by innovators http://t.co/4cImS80eh5

19 Jan 2015
Full Court takes a non-literal approach to s 145 - Commercial sense prevails http://t.co/H1AqciH2XH #auslaw #patents ^DF

Our Thinking

Forget Terminator: Cyborgs have rights too (Part Two)

In the second of our two-part look at cyborg technology, we consider how Australia might navigate the potential social and legal tensions arising from human and machine integration.

More

Forget Terminator: Cyborgs have rights too (Part One)

Cyborgs are no longer a sci-fi curiosity. In the first of our two-part look at this technology, we consider how Australia might navigate surveillance and privacy issues that will inevitably arise.

More

Using blockchain to secure and share health data

Fran Wheelahan looks at the use of blockchain technology in the healthcare industry and highlights some of the key legal considerations with the use of this technology.

More

New Country of Origin Amendments to the Competition and Consumer Act 2010 (Cth)

New amendments to the Competition and Consumer Act 2010 (Cth), which simplify the country of origin labelling regime and provide clarity to businesses about their responsibilities under the Australian Consumer Law, are now in effect.

More

Lessons from Silicon Valley for Australian Start-Ups

On recent business trips to Silicon Valley, we’ve met with a number of investors, lawyers and other advisers who are active in the start-up community. These meetings have yielded some very interesting lessons for Australian start-ups.

More Download

SAP wins UK licensing dispute: Strategies for managing licensing risks

The recent SAP decision in the United Kingdom’s High Court highlights the risks when it comes to under-licencing.

More

Preparing for life with robots: How will they be regulated in Australia?

As robots become more complex, capable and autonomous, there are serious liability, safety and privacy issues to address. How should Australia regulate these issues?

More

A new focus on genetically modified organisms in Queensland: changes to gene technology laws aim for consistency and flexibility

How have Queensland’s gene technology laws changed?

More

Brand Protection Online – Australia Chapter

Brand Protection Online is a go-to guide for any user or adviser in need of strategies to combat IP infringement in the digital world or to get up to speed with the latest developments affecting brand holders online.

More Download

One bad apple can spoil the barrel: the importance of clearly defining intellectual property rights

Failing to clearly define IP in licences and agreements can have serious consequences.

More

The Sansom Review: Streamlining the approval and advertising of therapeutic goods in Australia

After a two-year review process, the Australian Government has committed to enacting the recommendations of the Sansom Review, which will create a more streamlined and efficient system for the regulation of therapeutic goods in Australia.

More

Online copyright: Are you a pirate?

Copying and pasting an image online is easy. Negotiating copyright law is a little more tricky.

More

Drone Use in Australia: What are the Privacy and Copyright Issues?

The complex regulatory regime surrounding the use of drones in Australia can give rise to significant challenges, particularly for companies wishing to integrate drones into their day-to-day activities.

More

Clearer skies for drone regulation in Australia

In response to growing interest in the commercial use of drones or remotely piloted aircrafts in a range of industries in Australia, the Civil Aviation Safety Authority has developed new regulations that will take effect from 29 September 2016.

More

Registered Designs: What is the appropriate form of order for injunctive relief?

Intellectual property lawyers will be familiar with the usual form of order for the injunctive relief awarded in trade mark infringement cases. But when it comes to registered design cases, the appropriate form of order is not so clear…

More

My Start Up is Grown Up – Now what about the Humans? Ten things you need to know

Start Ups often get bigger by refusing to play by the rulebook. But as they grow, all kinds of legal considerations come into focus.

More

Experimental evidence in patent cases: Discovery not available for experiments on matters no longer in issue

A recent Federal Court decision in Merck Sharp & Dohme Corp. v Ono Pharmaceutical Co., Ltd [2016] FCA 1015 sheds some light on experimental evidence in patent cases.

More

Breaking Brexit Down: Trade Marks (VIDEO)

In the final part of our video series, Corrs Partner Tim Allen takes a closer look at the implications of the UK’s decision to withdraw from the EU.

More

That Just Won’t Fly: Federal Court decision in Qantas v Edwards offers guidance on trade mark confusion

The Federal Court’s recent decision in Qantas v Edwards [2016] FCA 729 provides a useful exposition of the “prior conflicting mark” and “prior reputation” grounds of opposition under the Trade Marks Act.

More

Stricter laws for franchisors? Responses to the 7-Eleven wage scandal

We examine the FWO’s investigation of 7-Eleven and possible regulatory responses to the recent wage scandal, and ask: how can franchisors prepare for stricter workplace laws?

More

Big Brother is watching! Covert government and corporate regulator hacking in Australia

This article focuses on recent legislative developments regarding covert hacking in Australia that your organisation needs to be aware of, and also touches on some new legislative approaches being adopted in the USA.

More

The importance of franchise disclosure documents - lessons from ACCC v SensaSlim

On 11 May 2016, Justice Yates of the Federal Court ordered SensaSlim Australia Pty Ltd (in liquidation) to pay significant pecuniary penalties for engaging in misleading and deceptive conduct and making false representations to both franchisees and t

More

Ensure your R&D activities are not criminal activities

As of April 2016, it is now a criminal offence under the Defence Trade Controls Act 2012 (Cth) (DTCA) to supply, publish or broker certain defence-related goods and technologies without an appropriate permit or approval.

More Download

Pizza Hut franchisees fail in their legal challenge to Pizza Hut’s new product and pricing policy

The Federal Court has rejected claims by a number of Pizza Hut franchisees alleging that the franchisor breached its franchise agreement, was negligent and engaged in unconscionable conduct by introducing a new pizza pricing strategy.

More

2016: Changes ahead for food businesses. Are you ready?

There are two key dates for food businesses under the Australian New Zealand Food Standards Code (Food Standards Code) in the new year.

More

New Australian Biomedical Translation Fund: Crossing the “Valley of Death” from Research to Market

The new $250 million fund will invest in promising biomedical discoveries and accelerate their commercialisation.

More

Ideas boom full steam ahead - The Australian Government commits over $1 billion to science and innovation

The key measures that are front and centre of the Government’s National Innovation and Science Agenda.

More

Software patents will not crash the patent system

In November last year, the Court had an opportunity to consider whether software patents were patentable subject matter under the Patents Act 1990.

More

Government issues revised franchising laws for comment

On 2 April 2014, the Government released for public comment a draft of the revised Franchising Code of Conduct and a bill to amend the relevant franchising provisions of the Competition and Consumer Act 2010.

More

Beware of making therapeutic claims in your product advertisements

An order made in relation to the advertising of the Lifelixer product provides insight into the advertising complaint process of the Therapeutic Goods Administration.

More

Generic pharmaceuticals and competition law: The ACCC vs Pfizer proceedings

The ACCC has commenced proceedings in the Federal Court against Pfizer Australia Pty Ltd.

More

What rights do licensees need in order to have standing to sue for patent infringement? Federal Court clarifies meaning of “exclusive licensee”

A recent decision states that if any residual rights are reserved for the patent holder (or any other person) the licence will not be “exclusive” and the licensee will not have standing to sue for infringement.

More

The High Court gives generics the rubber-stamp for “skinny labelling” (but no surprises on method of treatment patents)

In Apotex v Sanofi-Aventis the High Court finally confirmed (what was fairly well understood all along) that methods of medical treatment are patentable subject matter in Australia.

More

Apprehended pre-judgment bias in the modern era of docket judge case management

In what circumstances would the conduct of the Docket Judge give rise to the apprehension so that he or she should stand aside?

More

Fighting to retain heritage beer brands - A CUB success story

In the largest set of opposition proceedings in Australian trade mark history, iconic Australian brewer CUB has emerged victorious from a dispute with a rival brewer intent on assuming control of a selection of CUB’s heritage brands.

More Download

adidas and PacBrands fight it out over 4 stripes, while OHIM’s 2nd Board takes a modern view of footwear marks

Position marks in the spotlight again in Australia and Europe.

More Download

Is there a medical app for that? TGA issues guidance on medical software and apps

On 13 September 2013, the Therapeutic Goods Association published guidance about Australia's regulatory arrangements for medical software and mobile medical 'apps' on its website.

More

Government aims to increase protection for franchisees

The Australian Government has released a report containing 18 recommendations following a review of the Franchising Code of Conduct.

More

Federal Court considers the new patent entitlement provisions for the first time

In a recent interlocutory injunction proceeding before his Honour Justice Rares in the Federal Court the new patent entitlement provisions of the Patents Act 1990 (Cth) were considered, it is understood, for the first time.

More

New food standard to regulate nutrition content and health claims

A new standard which regulates the way nutrition content and health claims are made on food labels and in advertisements will become law on 18 January 2013.

More

Common sense prevails - Good news for brands incorporating INN stems

A recent decision from the Australian Trade Marks Office may signal a welcome change in practice as regards trade mark applications for marks incorporating INN stems in class 5.

More

Changes to the Privacy Act - What do you need to do?

The Privacy Amendment Bill 2012 was passed by both houses of parliament on 29 November 2012 and will now become law. The proposed changes are extensive – the Bill runs to nearly 250 pages.

More Download

Victorian Court of Appeal considers misleading and deceptive conduct in IT RFP documents

The decision of the Court in Ipex ITG Pty Ltd v Melbourne Water Corporation serves as an important reminder to customers in the IT industry to ensure the accuracy of their tender documentation.

More

Federal Government keen to ensure that the Australian public has access to essential technology

The Productivity Commission is to review patent compulsory licensing powers.

More

On the road to privacy law reform

On Wednesday 23rd May, the long awaited Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was introduced to Parliament, marking a significant step forward in the process of privacy law reform.

More

Is it time for an Australian Contracts Act?

Contract law forms one of the most important elements of any legal framework. It is therefore of the utmost importance that Australian contract law maximises the simplicity, efficiency and utility of market interactions.

More

TGA pursues importer, Court imposes $3.1 millon penalty

More Download

Our Thinking

Forget Terminator: Cyborgs have rights too (Part Two)

In the second of our two-part look at cyborg technology, we consider how Australia might navigate the potential social and legal tensions arising from human and machine integration.

Forget Terminator: Cyborgs have rights too (Part One)

Cyborgs are no longer a sci-fi curiosity. In the first of our two-part look at this technology, we consider how Australia might navigate surveillance and privacy issues that will inevitably arise.

Using blockchain to secure and share health data

Fran Wheelahan looks at the use of blockchain technology in the healthcare industry and highlights some of the key legal considerations with the use of this technology.

New Country of Origin Amendments to the Competition and Consumer Act 2010 (Cth)

New amendments to the Competition and Consumer Act 2010 (Cth), which simplify the country of origin labelling regime and provide clarity to businesses about their responsibilities under the Australian Consumer Law, are now in effect.

Lessons from Silicon Valley for Australian Start-Ups

On recent business trips to Silicon Valley, we’ve met with a number of investors, lawyers and other advisers who are active in the start-up community. These meetings have yielded some very interesting lessons for Australian start-ups.

SAP wins UK licensing dispute: Strategies for managing licensing risks

The recent SAP decision in the United Kingdom’s High Court highlights the risks when it comes to under-licencing.

Preparing for life with robots: How will they be regulated in Australia?

As robots become more complex, capable and autonomous, there are serious liability, safety and privacy issues to address. How should Australia regulate these issues?

A new focus on genetically modified organisms in Queensland: changes to gene technology laws aim for consistency and flexibility

How have Queensland’s gene technology laws changed?

Brand Protection Online – Australia Chapter

Brand Protection Online is a go-to guide for any user or adviser in need of strategies to combat IP infringement in the digital world or to get up to speed with the latest developments affecting brand holders online.

One bad apple can spoil the barrel: the importance of clearly defining intellectual property rights

Failing to clearly define IP in licences and agreements can have serious consequences.

The Sansom Review: Streamlining the approval and advertising of therapeutic goods in Australia

After a two-year review process, the Australian Government has committed to enacting the recommendations of the Sansom Review, which will create a more streamlined and efficient system for the regulation of therapeutic goods in Australia.

Online copyright: Are you a pirate?

Copying and pasting an image online is easy. Negotiating copyright law is a little more tricky.

Drone Use in Australia: What are the Privacy and Copyright Issues?

The complex regulatory regime surrounding the use of drones in Australia can give rise to significant challenges, particularly for companies wishing to integrate drones into their day-to-day activities.

Clearer skies for drone regulation in Australia

In response to growing interest in the commercial use of drones or remotely piloted aircrafts in a range of industries in Australia, the Civil Aviation Safety Authority has developed new regulations that will take effect from 29 September 2016.

Registered Designs: What is the appropriate form of order for injunctive relief?

Intellectual property lawyers will be familiar with the usual form of order for the injunctive relief awarded in trade mark infringement cases. But when it comes to registered design cases, the appropriate form of order is not so clear…

My Start Up is Grown Up – Now what about the Humans? Ten things you need to know

Start Ups often get bigger by refusing to play by the rulebook. But as they grow, all kinds of legal considerations come into focus.

Experimental evidence in patent cases: Discovery not available for experiments on matters no longer in issue

A recent Federal Court decision in Merck Sharp & Dohme Corp. v Ono Pharmaceutical Co., Ltd [2016] FCA 1015 sheds some light on experimental evidence in patent cases.

Breaking Brexit Down: Trade Marks (VIDEO)

In the final part of our video series, Corrs Partner Tim Allen takes a closer look at the implications of the UK’s decision to withdraw from the EU.

That Just Won’t Fly: Federal Court decision in Qantas v Edwards offers guidance on trade mark confusion

The Federal Court’s recent decision in Qantas v Edwards [2016] FCA 729 provides a useful exposition of the “prior conflicting mark” and “prior reputation” grounds of opposition under the Trade Marks Act.

Stricter laws for franchisors? Responses to the 7-Eleven wage scandal

We examine the FWO’s investigation of 7-Eleven and possible regulatory responses to the recent wage scandal, and ask: how can franchisors prepare for stricter workplace laws?

Big Brother is watching! Covert government and corporate regulator hacking in Australia

This article focuses on recent legislative developments regarding covert hacking in Australia that your organisation needs to be aware of, and also touches on some new legislative approaches being adopted in the USA.

The importance of franchise disclosure documents - lessons from ACCC v SensaSlim

On 11 May 2016, Justice Yates of the Federal Court ordered SensaSlim Australia Pty Ltd (in liquidation) to pay significant pecuniary penalties for engaging in misleading and deceptive conduct and making false representations to both franchisees and t

Ensure your R&D activities are not criminal activities

As of April 2016, it is now a criminal offence under the Defence Trade Controls Act 2012 (Cth) (DTCA) to supply, publish or broker certain defence-related goods and technologies without an appropriate permit or approval.

Pizza Hut franchisees fail in their legal challenge to Pizza Hut’s new product and pricing policy

The Federal Court has rejected claims by a number of Pizza Hut franchisees alleging that the franchisor breached its franchise agreement, was negligent and engaged in unconscionable conduct by introducing a new pizza pricing strategy.

2016: Changes ahead for food businesses. Are you ready?

There are two key dates for food businesses under the Australian New Zealand Food Standards Code (Food Standards Code) in the new year.

New Australian Biomedical Translation Fund: Crossing the “Valley of Death” from Research to Market

The new $250 million fund will invest in promising biomedical discoveries and accelerate their commercialisation.

Ideas boom full steam ahead - The Australian Government commits over $1 billion to science and innovation

The key measures that are front and centre of the Government’s National Innovation and Science Agenda.

Software patents will not crash the patent system

In November last year, the Court had an opportunity to consider whether software patents were patentable subject matter under the Patents Act 1990.

Government issues revised franchising laws for comment

On 2 April 2014, the Government released for public comment a draft of the revised Franchising Code of Conduct and a bill to amend the relevant franchising provisions of the Competition and Consumer Act 2010.

Beware of making therapeutic claims in your product advertisements

An order made in relation to the advertising of the Lifelixer product provides insight into the advertising complaint process of the Therapeutic Goods Administration.

Generic pharmaceuticals and competition law: The ACCC vs Pfizer proceedings

The ACCC has commenced proceedings in the Federal Court against Pfizer Australia Pty Ltd.

What rights do licensees need in order to have standing to sue for patent infringement? Federal Court clarifies meaning of “exclusive licensee”

A recent decision states that if any residual rights are reserved for the patent holder (or any other person) the licence will not be “exclusive” and the licensee will not have standing to sue for infringement.

The High Court gives generics the rubber-stamp for “skinny labelling” (but no surprises on method of treatment patents)

In Apotex v Sanofi-Aventis the High Court finally confirmed (what was fairly well understood all along) that methods of medical treatment are patentable subject matter in Australia.

Apprehended pre-judgment bias in the modern era of docket judge case management

In what circumstances would the conduct of the Docket Judge give rise to the apprehension so that he or she should stand aside?

Fighting to retain heritage beer brands - A CUB success story

In the largest set of opposition proceedings in Australian trade mark history, iconic Australian brewer CUB has emerged victorious from a dispute with a rival brewer intent on assuming control of a selection of CUB’s heritage brands.

adidas and PacBrands fight it out over 4 stripes, while OHIM’s 2nd Board takes a modern view of footwear marks

Position marks in the spotlight again in Australia and Europe.

Is there a medical app for that? TGA issues guidance on medical software and apps

On 13 September 2013, the Therapeutic Goods Association published guidance about Australia's regulatory arrangements for medical software and mobile medical 'apps' on its website.

Government aims to increase protection for franchisees

The Australian Government has released a report containing 18 recommendations following a review of the Franchising Code of Conduct.

Federal Court considers the new patent entitlement provisions for the first time

In a recent interlocutory injunction proceeding before his Honour Justice Rares in the Federal Court the new patent entitlement provisions of the Patents Act 1990 (Cth) were considered, it is understood, for the first time.

New food standard to regulate nutrition content and health claims

A new standard which regulates the way nutrition content and health claims are made on food labels and in advertisements will become law on 18 January 2013.

Common sense prevails - Good news for brands incorporating INN stems

A recent decision from the Australian Trade Marks Office may signal a welcome change in practice as regards trade mark applications for marks incorporating INN stems in class 5.

Changes to the Privacy Act - What do you need to do?

The Privacy Amendment Bill 2012 was passed by both houses of parliament on 29 November 2012 and will now become law. The proposed changes are extensive – the Bill runs to nearly 250 pages.

Victorian Court of Appeal considers misleading and deceptive conduct in IT RFP documents

The decision of the Court in Ipex ITG Pty Ltd v Melbourne Water Corporation serves as an important reminder to customers in the IT industry to ensure the accuracy of their tender documentation.

Federal Government keen to ensure that the Australian public has access to essential technology

The Productivity Commission is to review patent compulsory licensing powers.

On the road to privacy law reform

On Wednesday 23rd May, the long awaited Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was introduced to Parliament, marking a significant step forward in the process of privacy law reform.

Is it time for an Australian Contracts Act?

Contract law forms one of the most important elements of any legal framework. It is therefore of the utmost importance that Australian contract law maximises the simplicity, efficiency and utility of market interactions.

TGA pursues importer, Court imposes $3.1 millon penalty

7 March 2012 |