March 2015


March 31, 2015 10:08 AM | Posted by Paul Kallenbach | Permalink

Technology contracts (like other commercial agreements) often contain an express right for a party to terminate the contract in the event of a 'material breach' by the other party. 

But what degree of non-compliance with the contract is necessary to constitute a 'material breach'? Until recently, this has been somewhat ambiguous, with different jurisdictions taking different approaches. However, a recent case has aligned the position in Victoria with those of New South Wales and Queensland.

read more
March 30, 2015 4:00 PM | Posted by Nicole Reid | Permalink
The Victorian Department of Treasury and Finance has released the version 1 of the Intellectual Property Guidelines for the Victorian Public Sector, which apply to government departments and public bodies.  These guidelines support the Whole of Victorian Government Intellectual Property Policy Intent and Principles, which was released in August 2012 and outlines the key principles governing the State of Victoria's ownership and management of its IP, and its use of third party IP. read more
March 26, 2015 9:00 AM | Posted by George McCubbin | Permalink
In Damorgold Pty Ltd v JAI Products Pty Ltd [2015] FCAFC 31, the Full Court of the Federal Court of Australia considered in what circumstances the doing of a single act, prior to the priority date of the patent, will destroy novelty under s 7(1)(a) of the Patents Act 1990 (Cth). read more
March 5, 2015 5:33 PM | Posted by Rebecca Pereira | Permalink
The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against the sponsor of Nurofen products, Reckitt Benckiser (Australia) Pty Ltd (Reckitt Benckiser), in the Federal Court of Australia (NSD180/2015). The ACCC claims that Reckitt Benckiser made false or misleading claims in relation to its products "Nurofen Back Pain", "Nurofen Period Pain", "Nurofen Migraine Pain", and "Nurofen Tension Headache". read more
March 3, 2015 10:24 AM | Posted by Rebecca Pereira | Permalink
The Federal Court of Australia has dismissed the ACCC's anti-competitive conduct case against Pfizer, finding that Pfizer did not breach the prohibition on misuse of market power. Nor did it engage in unlawful exclusive dealing. The ACCC had alleged in the case that Pfizer misused its market power when it offered significant discounts and rebates on sales of Pfizer's own generic version of atorvastatin direct to pharmacies before Pfizer's blockbuster cholesterol lowering drug, Lipitor came off patent in May 2012. read more