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Publications
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
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For publications in other legal areas see our recent publications page.
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Some 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 |
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The 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 |
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The 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 |
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On 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 |
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With 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 |
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In 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 |
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Our 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 |
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This 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. |
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We 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 |
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In 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 |
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Our 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 |
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In 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 |
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Australia 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 |
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In 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 |
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Partner 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 |
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A 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 |
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In 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 |
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In 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 |
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Changes 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 |
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The 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 |
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In 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 |
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In 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 |
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Our 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 |
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In 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 |
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We 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 |
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The 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 |
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In 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 |
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In Ketchell v Master of Education Services Pty Ltd, the New South Wales Court of Appeal held that a franchising agreement was illegal because it contravened clause 11 (1) of the Franchising Code of Conduct. Partner Andrew Wiseman and Lawyer Andrew Dyer report on the major implications stemming from the decision for both franchisees and franchisors |
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In this issue we look at proposed changes to the duty of disclosure; the design registrability of fonts; a patent infringement validity decision; trade mark examination for short marks; changes to the process for filing divisional trade mark applications; and linking of single class trade mark registrations |
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The Federal Government's Office of Small Business has released its much anticipated amendments to the Franchising Code of Conduct. In some cases, the amended regulations, which commence on 1 March 2008, go further than both the recommendations of the Franchising Code Review Committee and the Government's initial response. Partner Tim Golder and Lawyer Robyn Chatwood report on the more significant changes and their impact on franchisors |
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In this edition: Senior Associate Matt Ireland and Law Graduate Pat Crisp examine due diligence as it relates to the biotech industry |
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In this edition: Partner Dr Trevor Davies and Trade Mark Lawyer Lara Gun outline the issues for trade mark adoption and protection |
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In this edition: Technical Assistant Dr John Landells provides an overview of recently released Federal Government policy requiring all government agencies to establish and implement plans for the management of intellectual property |
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Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments relating to patents, trade marks, copyright and designs |
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