State of the Art: Key Australian IP developments – August 2022

So far, this year has seen a number of significant developments affecting the Australian intellectual property landscape. In this edition of State of the Art, a publication by the Corrs IP team, we explore some of the most notable of these. 

The Australian Aboriginal Flag is a significant and powerful symbol of Aboriginal identity. Corrs was privileged to act pro bono for Mr Harold Thomas, artist and author of the copyright in the Aboriginal Flag, on the deal to assign copyright in the flag to the Commonwealth, which we explore in this edition. 

In a major development in Australia’s longest running patent dispute, we discuss Danish pharmaceutical company Lundbeck’s success in an appeal before the High Court of Australia.

The Full Federal Court of Australia unanimously overturned an earlier decision relating to patent inventorship by artificial intelligence. We discuss the Full Court’s decision, which brings Australia (back) into line with the vast majority of jurisdictions. We also consider a May 2022 judgment of the UK Court of Appeal, which serves as a useful reminder for e-commerce retailers of the risk of trade mark infringement when advertising and selling their products online. 

In light of a recent provisional decision by the Australian Competition and Consumer Commission to deny authorisation of a proposed settlement between a pharmaceutical originator and a prospective supplier of a biosimilar product, we look at how competition law risks arising from patent settlement agreements are being addressed in Australia. Separately, we unpack a pair of significant appeals handed down by the Full Federal Court which have provided clarity in relation to Australia’s patent term extension regime for pharmaceutical substances. 

Finally, while wearable electronic medical devices are emerging as an effective and convenient way of monitoring and maintaining individuals’ health, robust cybersecurity remains a critical consideration for the industry. We consider the cybersecurity risks for manufacturers of digital medical devices. 

We hope you enjoy this edition of State of the Art: Key Australian IP Developments. Access a copy online, or click the ‘DOWNLOAD PDF’ button.