Our experienced Intellectual Property legal team regularly publishes articles and updates - the full list of publications appears below. If you'd like to be notified when we add new intellectual property publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Read about our track record in intellectual property law.
- 19 February 2010
Client Update: New tax agent laws may catch franchisors' services to franchiseesNew Federal Government laws, which commence on 1 March 2010, will require franchisors to register as an agent with the Tax Practitioners Board if they provide tax or business activity statement services assisting franchisees to meet obligations under tax laws such as those for GST, PAYG and FBT. Partner Tim Golder and Senior Associates Robyn Chatwood and Marc Johnston report
- 11 February 2010
Focus: Database copyright in turmoil- Judge points to CanberraA single judge of the Federal Court has held that copyright does not subsist in the White Pages and the Yellow Pages. Partner Jackie O'Brien and Lawyer Gary Lo report on a decision that has important ramifications for the copyrightin compilations of factual information
- 08 February 2010
Focus: Copyright infringement of well-known musical workA Federal Court ruling that Men At Work's hit song Down Under infringed the copyright of popular folk tune Kookaburra sits in the old gum tree recognises that infringement occurs where a substantial part of a copyright work is reproduced, even if it does not amount to a substantial part of the other work. Partner Jim Dwyer and Lawyer Louise Chau report on the case.
- 08 February 2010
Focus: ISPs off the hook - for nowA highly anticipated Federal Court decision, finding that iiNet had not authorised copyright infringements committed by users of its services, has been handed down. This case has attracted global interest, and is the first in the world of its kind to reach hearing and judgment. Partner Andrew Wiseman and Lawyer Amanda Parks report.
- 18 December 2009
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, copyright, patents and sponsorship/marketing
- 15 December 2009
Client Update: Extensions of term for pharmaceutical patents: the latest wordThe Full Federal Court's recent decision concerning the availability of extensions of term for pharmaceutical patents, particularly those claiming enantiomers, stands, following the High Court's rejection of a special leave application. Senior Associate Alexia Mayer reports
- 06 November 2009
Client Update: Government announces changes to the Franchising Code of ConductThe Federal Government has announced its response to the Report into the Franchising Code of Conduct by the Parliamentary Joint Committee on Corporations and Financial Services, and foreshadowed its changes to the regulation of franchise agreements. Partner Tim Golder and Senior Associate Robyn Chatwood report
- 28 October 2009
Focus: Use of another's trade mark in search engine marketingWhile a recent opinion of the Advocate General to the European Court of Justice indicates that use of another's trade mark as a keyword in search engine marketing will not, of itself, constitute trade mark infringement in Europe, the position in Australia remains unsettled. Lawyer Nicholas Tobias reports on the aggressive and defensive uses of search engine marketing that can promote or protect a business's reputation
- 05 October 2009
Client Update: University of Western Australia seeks leave to appeal Gray decisionIn the latest instalment of the long running UWA v Gray saga, the University of Western Australia has today sought leave to take its dispute with Dr Bruce Gray, a former Professor of Surgery at the university and founder of biotech company Sirtex Medical Limited, to the High Court. Partner Richard Hamer and Senior Associate Louise Brunero report.
- 21 September 2009
Focus: FoodWelcome to Allens' update on food legislation, policy, news and cases.
- 04 September 2009
Focus: Universities and their employees: who owns developed IP?The Full Court of the Federal Court has confirmed that intellectual property rights in inventions made by a university professor in the course of his employment were owned by the professor and not the university - because, while he was under a duty to conduct research, he was not under a duty to invent.
- 22 July 2009
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents and trade marks. Articles include 'Bavaria NV wins beer appeal', 'Utility requirements for Australian patents', and discussion of the interlocutory injunction in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth and the software copyright appeal decision in Software AG (Australia) Pty Ltd v Racing and Wagering WA
- 14 July 2009
Focus: Full Court united on grace period for divisional patentsPatentees can breathe a sigh of relief now that the Full Court of the Federal Court of Australia has unanimously overturned a controversial decision of a single judge of the Federal Court. Partner Chris Bird and Senior Associate Linda Govenlock report on the appeal decision, in which the Full Court affirmed that a divisional application may be saved by the grace provisions afforded by section 24(1) of the Patents Act 1990, provided that the parent application from which it was divided was a complete application filed within the 12-month grace period
- 23 June 2009
Focus: Changes to regulation of therapeutic goodsFederal Parliament is changing the regulation of therapeutic goods. The first of three Bills before Parliament, the Therapeutic Goods Amendment (Medical Devices and Other Measures) Bill 2008, received Royal Assent on 17 June 2009, and the others are likely to be passed during the next sitting. Partner Sarah Matheson and Senior Associate Ric Morgan report
- 12 June 2009
Client Update: New Facebook URLs and your IPThe social networking site Facebook has announced that its users will be able to create personalised web addresses (or URLs) for their profiles from tomorrow. These new personalised URLs create a similar exposure for trade mark owners to domain name registrations, which can be used to impersonate a company. As a result, Facebook will block unauthorised use of trade marks for owners who notify Facebook about their trade mark registrations. Senior Associates Nicky Shanks and Jesse Gleeson and Partner Jackie O'Brien look at how you can protect your IP
- 04 June 2009
Focus: Bad faith in coffee warsIP Australia recently issued its first decision considering the new 'bad faith' ground of opposition which was introduced into the Trade Marks Act 1995 as section 62A in 2006. Partner David Yates and Senior Associate Nicky Shanks look at the guidance that this decision gives on the interpretation and application of this new ground in Australia
- 01 May 2009
Focus: Protecting an employer's rightsIn these challenging financial times, with the prospect of employee departures in difficult circumstances, businesses should consider how best to protect their intellectual property from misappropriation. Partner David Yates and Senior Associate Clare Young report
- 24 April 2009
Focus: Copyright in factual compilationsThe High Court of Australia has unanimously upheld an appeal by IceTV Pty Limited and IceTV Holdings Limited in IceTV Pty Limited v Nine Network Australia Pty Ltd, finding that Ice did not reproduce a substantial part of Nine's television program schedules in its electronic program guides. Partner Miriam Stiel, Senior Associate Amanda Andreazza and Lawyer Katherine McMahon report
- 20 April 2009
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 13 February 2009
Focus: New artist resale royalty schemeThe Federal Government has introduced draft legislation to create a scheme under which visual artists will receive a royalty on commercial resales of their works. Creators of artworks including paintings, drawings, sculptures and photographs stand to receive a 5 per cent royalty on all resales over $1000. Partner Jim Dwyer and Senior Associate Marina Lloyd Jones report on this development
- 28 January 2009
Focus: Trade MarksThe Full Federal Court of Australia recently allowed an appeal by a US-based beverage company against an Australian competitor in a case that looked at the test that is to be applied when determining whether sufficient product recognition has been established in a relevant jurisdiction through indirect marketing. Partner Jim Dwyer and Law Graduate Joanne Been look at this important decision on brand reputation in Australia
- 19 December 2008
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents, trade marks, designs and personal property. We also include important Christmas/New Year closure dates for IP registration services in Australia, New Zealand, Hong Kong and mainland China.
- 10 October 2008
Focus: Intellectual PropertyThe High Court recently granted IceTV Pty Ltd special leave to appeal the Full Federal Court decision in Nine Network v IceTV, foreshadowing a wholesale review of the extent to which factual compilations attract copyright protection. Partner Miriam Stiel and Lawyers Katherine McMahon and William Atkins report
- 27 August 2008
Focus: FranchisingSome certainty and common sense has re-entered the Australian franchising industry with today's highly anticipated judgment of the High Court of Australia in Master of Education Services Pty Ltd v Ketchell. Partner Andrew Wiseman and Lawyer Tim Holden report
- 17 July 2008
Focus: Intellectual PropertyThe Federal Court recently decided that the intellectual property in inventions made by a university professor employed to conduct and stimulate research was owned by the professor - not the university - because he was under no duty to make inventions. Partner Richard Hamer and Articled Clerk Harry Evans report
- 07 July 2008
Intellectual Property BulletinThe Beijing Olympics 2008 is fast approaching and the world will soon be focused on this great sporting event. Our Sports Law Practice examines some of the legal issues that can arise in the sporting arena, and provides both companies and athletes with some tips on how to maximise involvement in the sports sector
- 03 July 2008
Focus: Domain NamesOn 26 June 2008, the Internet Corporation for Assigned Names and Numbers approved recommendations that will allow for a significant increase in the number of generic top-level domains. Implementation of the recommendations will see the registration of generic top-level domains become far more accessible to corporations and communities. Partner Michael Pattison, Lawyer Adrian Fisher and Research Assistant Margaret Walsh look at what is involved
- 26 June 2008
Focus: Domain NamesWith effect from 1 June 2008, auDA, the Australian Domain Name Administrator, has introduced a policy that removes most of the restrictions that previously applied to the transfer of .au domain name licences. The procedure for transferring .au domain names has also been simplified. Senior Associate Rebecca Sadleir discusses the changes
- 04 June 2008
Focus: FranchisingIn a welcome breath of commercial pragmatism, a Federal Court decision, handed down last week, has paved the way for a reversal of the Ketchell decision. Partner Andrew Wiseman explains
- 07 May 2008
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 05 February 2008
Focus: Trade MarksThis case concerned two retailing interests using the same word mark in respect of overlapping goods and where one of the two retailing interests, which had obtained registration of the mark, commenced proceedings against the other for trade mark infringement.
- 18 December 2007
Focus: Patents, Designs and Trade MarksWe look at the abolition of the duty of disclosure for patent applicants; the Sportsgirl trade mark case; the dangers of choosing marks of a general character; changes to the trade mark renewal grace period; and practice changes with regard to letters of consent in cases of conflicting marks
- 13 December 2007
Biotech NewsIn this edition: Partner Dr Trevor Davies and Law Student Elizabeth Sarofim report on the recent decisions of the New South Wales and Victorian governments to lift their four-year moratoria on the commercial cultivation of GM canola
- 12 December 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 26 November 2007
Biotech NewsIn this edition: Partner Dr Trevor Davies provides an overview of the proposed changes to the patent rules governing the prosecution of patent applications in the United States, and of the recent legal challenge to the implementation of the rule changes
- 16 November 2007
Client Update: Anti-counterfeitingAustralia is considering entering into negotiations on a proposed international treaty aimed at combating global counterfeiting and piracy. Partner Miriam Stiel looks at the Anti-Counterfeiting Trade Agreement
- 08 November 2007
Biotech NewsIn this edition: Since early 2005, AAR Biotech News has been closely monitoring the Advisory Council on Intellectual Property's recommendation regarding patents and experimental use in Australia. Partner Dr Trevor Davies and Lawyer Ollie Evans provide a further overview of the proposed amendments to the Patent Act 1990 (Cth) to include an experimental use exemption
- 05 November 2007
Focus: PharmaceuticalsPartner Annette Hughes and Senior Associate Rachel Nicolson provide an overview of the UN's draft Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines, released for public consultation in September 2007
- 26 October 2007
Biotech NewsIn this edition: Lawyer Rachel Darvey reports on the recent introduction of the Therapeutic Goods Amendment Act 2007 and how it impacts on the transition period for medical devices
- 26 October 2007
Focus: FranchisingA recent Federal Court case considered the issue of when a distribution agreement or trade mark licence is also a franchise agreement and is, therefore, regulated by the mandatory Australian Franchising Code of Conduct. Partner Tim Golder and Lawyer Robyn Chatwood report on how the case clarified the factors relevant to a 'system or marketing plan' and detail the court's non-exhaustive list of considerations
- 24 October 2007
Focus: Trade MarksIn the recent case of Brother Industries Ltd v Dynamic Supplies Pty Ltd, the Federal Court of Australia considered an unusual set of facts and held that the importation and sale of non-branded products, manufactured by the trade mark owner but imported and sold in counterfeit packaging, constituted trade mark infringement, misleading and deceptive conduct in breach of the Trade Practices Act 1974 (Cth) and passing off
- 23 October 2007
Client Update: PatentsChanges to the duty of disclosure obligations for applicants and patentees of Australian patents have now been implemented. The requirement to inform the Australian Patent Office of the result of prior art searches conducted by overseas patent offices has now been substantially abolished. Partner Chris Bird and Patent Attorney Anthony Selleck report
- 17 October 2007
Client Update: Communications, Media & TechnologyThe release of new geographic domain names will give businesses an opportunity to register domains that reflect a geographic connection to their business. Senior Associate Jesse Gleeson and Articled Clerk Jeremy Collins report
- 28 September 2007
Biotech NewsIn this edition: Patent attorney and lawyer, Dr Rob Silberstein, provides an overview of contributory infringement in relation to patents in Australia, including a historical jurisprudential and legislative account of the issues raised by this vexed area of law
- 13 September 2007
Focus: PharmaceuticalsIn the final instalment of our three-part series examining the amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan addresses the price disclosure obligations and how the information will be used to further reduce the price of pharmaceutical benefits to government
- 11 September 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright and designs
- 07 September 2007
Focus: PharmaceuticalsIn Part 2 of our Focus: Pharmaceuticals series examining amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan examines the way the statutory price cuts operate and details the supply guarantee requirements
- 05 September 2007
Focus: HealthWe look at a case of anti-competitive conduct by doctors; the first set of standards issued by the Queensland Health Quality and Complaints Commission; and a question of discrimination in the provision of medical services
- 30 August 2007
Biotech NewsIn this edition: Partner Sarah Matheson and Articled Clerk Adel Mohamed provide a brief overview of follow-on biologics and the regulatory frameworks in the United States of America, Europe and Australia established to regulate this emerging class of therapeutic products
- 30 August 2007
Focus: PharmaceuticalsThe Commonwealth Parliament has passed legislation to amend the Pharmaceutical Benefits Scheme. In the first of a three-part series, Senior Associate Ric Morgan provides an overview of the changes and examines the new concepts introduced by the amendments
